JOURNAL 


OF    THE 


STATE  CONVENTION, 


AND 


ORDIMICES  AND  RESOLUTIONS 


ADOPTED  IN  MARCH,  1861 


,  .  ;5.    .  ^ 


/: 


Published  by  Order  of  the   Convention. 


JACKSON,     MISSISSIPPI : 
E.     BARKS  I)  A  LK,     STATE     PRINTER 

1801. 


7 


DUKE 

UNIVERSITY 

LIBRARY 


Treasure  %oom 


JOURNAL 


OF  THE 


STATE  CONVENTION, 


AND 


ORDIMICES  AND  RESOLUTIONS 


ADOPTED  IN  MARCH^  1861. 


Published  by  Order  of  the  Convention. 


JAOKSON: 

E.  BABKBDALi;,    8TATB    PRXHTBB. 


10.     ^v 


JOURNAL 


OF  THE 


MISSISSIPPI  STATE  CONVENTION. 


MONDAY,  Marcs  25,  1861. 

In  obedience  to  the  proclamation  of  the  Hon.  W.  S. 
Barry,  President  of  the  Convention  of  the  State  of  Missis- 
sippi, the  Convention  re-assembled  at  the  Hall  of  the  Hous« 
of  Representatives,  in  the  city  of  Jackson,  this  day,  at  12 
o'clock,  M.,  and  was  called  to  order  by  the  President. 

Upon  a  call  of  the  roll  fifty-nine  members  answered  to 
their  names. 

A  quorum  being  present,  the  Convention  proceeded  to 
busin-ess. 

The  Convention  being  informed  that  F.  A.  Fepe,  Esq., 
the  Secretary,  was  detained  by  sickness  and  would  not  be 
present. 

250745 


Mr.  Tison  moved  that  the  Convention  go  into  a  new 
election,  and  put  in  nomination  W.  W.  Humphreys,  of 
Columbus. 

Mr.  Brooke  nominated  Mr.  E.  P.  Russell,  of  Jackson. 

On  motion  of  Mr.  Dyer,  the  election  was  postponed  until 
to-morrow. 

The  President  presented  to  the  Convention  the  following 
communication  from  the  Hon.  Howell  Cobb,  President  of 
the  Convention  of  the  Confederate  States  : 

Convention  op  the  Confederate  States  of  America,  | 

Montgomery,  Alabama,  ]■ 

March   12th,  1861.     ) 

Hon.  W.  S.  Barry, 

Jackson,  Mississippi  :— 

Sir  :  I  herewith  transmit  to  you  a  certified  copy  of  the 
Constitution  of  the  Confederate  States  of  America,  as  it 
was  finally  adopted  by  the  unanimous  vote  of  the  Conven- 
tion, to  be  placed  before  the  Convention  over  which  you 
preside  for  its  approval  and  ratification. 

It  will  be  seen  that  the  Convention  here  have  conformed 
to  the  general  wish  of  the  people  of  these  States,  in  adopt- 
ing a  Constitution  upon  the  general  principles  of  the  Con- 
stitution of  the  United  States.  .  The  departures  from  the 
provisions  of  that  instrument  have  been  suggested  by  the 
experience  of  the  past,  and  are  intended  to  guard  against 
the  evils  and  dangers  which  led  to  the  dissolution  of  the 
late  Union.  This  Constitution  is  now  submitted  with  con- 
fidence to  the  State  Conventions  for  their  action. 
Respectfully, 

HOWELL  COBB, 
President  of  Convention  of  C.  S.  A. 


CONSTITUTION 


OB'   THE 


CONFEDERATE    STATES. 


We,  the  people  of  the  Confederate  States,  each  State 
acting  in  its  sovereign  and  independent  character,  in  order 
to  form  a  permanent  federal  government,  establish  justice, 
insure  domestic  tranquility  and  secure  the  blessings  of  liber- 
ty to  ourselves  and  to  our  posterity— invoking  "the  favor 
and  guidance  of  Almighty  God— do  ordain  and  establish 
this  Constitution  for  the  Confederate  States  of  America. 


ARTICLE    I. 

Section  1. 

• 

All  legislative  powers  herein  delegated  shall  be  vested  in 
a  Congress  of  the  Confederate  States,  which  shall  consist  of 
a  Senate  and  House  of  Representatives. 

Section  2. 

1.  The  House  of  Representatives  shall  be  composed  of 
members  chosen  every  second  year  by  the  people  of  the  sev- 
eeal  States  ;  and  the  electors  in  each  State  shall  be  citizens 
of  the  Confederate  States,  and  have  the  qualifications  requi- 
site for  electors  of  the  most  numerous  branch  of  the  State 
Legislature  ;  but  no  person  of  foreign  birth,  not  a  citizen  of 
the  Confederate  States,  shall  be  allowed  to  vote  for  any  of- 
ficer, civil  or  political,  State  or  Federal. 

2.  No  person  shall  be  a  Representative,  who  shall  not 
have  attained  the  age  of  twenty-five  years,  and  be  a  citizen 
of  the  Confederate  States,  and  who  shall  not,  when  elected, 
be  an  inhabitant  of  that  State  in  which  he  shall  be 
chosen. 

^^      250745 


3.  Representatives  and  Direct  Taxes  shall  be  apportioned 
among  the  several  States,  which  may  be  included  within 
this  Confederacy,  according  to  their  respective  numbers, 
which  shall  be  determined,  by  adding  to  the  whole  number 
of  free  persons,  including  those  bound  to  service  for  a  term 
of  years,  and  excluding  Indians  not  taxed,  three^fifths  of  all 
slaves.  The  actual  enumeration  shall  be  made  within  three 
years  after  the  first  meeting  of  the  Congress  of  the  Confed- 
erate States,  and  within  every  subsequent  term  of  ten  years, 
in  such  manner  as  they  shall,  by  law,  direct.  The  number 
of  Representatives  shall  not  exceed  one  for  every  fifty  thou- 
-sand,  but  each  State  shall  have  at  least  one  Representative  ; 
and  until  such  enumeration  shall  be  made,  the  State  of  South 
Carolina  shall  be  entitled  to  choose  six — the  State  of  Geor- 
gia ten — the  State  of  Alabama  nine — the  State  of  Florida 
two — the  State  of  Mississippi  seven — the  State  of  Louisiana 
six,  and  the  State  of  Texas  six. 

4.  When  vacancies  happen  in  the  representation  from  any 
State,  the  Executive  authority  thereof  shall  issue  writs  of 
election  to  fill  such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their  speak- 
er and  officers  ;  and  shall  have  the  sole  power  of  impeach- 
ment ;  except  that  any  judicial  or  other  federal  officer,  resi- 
dent and  acting  solely  within  the  limits  of  any  State,  may 
be  impeached  by  a  vote  of  two-thirds  of  both  branches  of 
the  Legislature  thereof. 

Section  3. 

1.  The  Senate  of  the  Confederate  States  shall  be  com- 
posed of  two  Senators  from  each  State,  chosen  for  six  years 
by  the  Legislature  thereof,  at  the  regular  session  next  im- 
mediately preceding  the  commencement  of  the  term  of  ser- 
vice ;  and  each  Senator  shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled,  in  conse- 
quence of  the  first  election,  they  shall  be  divided  as  equally 
as  may  be  into  three  classes.  The  seats  of  the  Senators  of 
the  first  class  shall  be  vacated  at  the  expiration  of  the  se- 
cond year ;  of  the  second  class  at  the  expiration  of  the 
fourth  year  ;  and  of  the  third  class  at  the  expiration  of  the 
sixth  year  ;  so  that  one-third  may  be  chosen  every  second 
year  ;  and  if  vacancies  happen  by  resignation,  or  otherwise, 
during  the  recess  of  the  Legislature  of  any  State,  the  Ex- 
ecutive thereof  may  make  temporary  appointments  until  the 
next  meeting  of  the  Legislature,  which  shall  then  fill  all 
such  vacancies. 


3.  No  person  shall  be  a  Senator  who  shall  not  have  at- 
tained the  age  of  thirty  years,  and  be  a  citizen  of  the  Con- 
federate States  ;  and  who  shall  not,  when  elected,  be  an  in- 
habitant of  the  State  for  which  he  shall  be  chosen. 

5.  The  Senate  shall  choose  their  other  officers  ;  and  also 
a  President  pro  tempore  in  the  absence  of  the  Yice  Presi- 
dent, or  when  he  shall  exercise  the  office  of  President  of  the 
Confederate  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  impeach- 
ments. When  sitting  for  that  purpose  they  shall  be  on  oath 
or  affirmation.  When  the  President  of  the  Confederate 
States  is  tried,  the  Chief  Justice  shall  preside  ;  and  no  per- 
son shall  be  convicted  without  the  concurrence  of  two-thirds 
of  the  members  present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification  to 
hold  and  enjoy  any  office  of  honor,  trust  or  profit,  imder 
the  Confederate  States  ;  but  the  party  convicted  sliall,  never- 
theless, be  liable  and  subject  to  indictment,  trial,  judgment 
and  punishment  according  to  law. 

Section  4. 

1 .  The  times,  places  and  manner  of  holding  elections  for 
Senators  and  Representatives,  shall  be  prescribed  in  each 
State  by  the  Legislatm-e  thereof,  subject  to  the  provisons  of 
this  Constitution  ;  but  the  Congress  may,  at  any  time,  by 
law,  make  or  alter  such  regulations,  except  as  the  times  and 
places  for  choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every 
year  ;  and  such  meeting  shall  be  on  the  first  Monday  in 
December,  unless  they  shall,  by  law,  appoint  a  difi'erent 
day. 

Section  5. 

1.  Each  House  shall  be  the  judge  of  the  elections,  returns 
and  qualifications  of  its  own  members,  and  a  majority  of 
each  shall  constitute  a  quorum  to  do  business  ;  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  may  be  authoriz- 
ed to  compel  the  attendance  of  absent  members,  in  such 
manner  and  under  such  penalties  as  each  House  may  pro- 
vide. 

2.  Each  House  may  determine  the  rules  of  its  proceed- 
ings, punish  its  members  for  its  disorderly  behavior,  and, 
with  the  concurrence  of  two-thirds  of  the  whole  number, 
expel  a  member. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  tbo  same,  excepting  such  parti 


as  may  in  their  judgment  require  secresy  ;  and  the  yeas  and 
nays  of  the  members  of  either  House,  on  any  question,  shall, 
at  the  desire  of  one-fith  of  those  present,  be  entered  on  the 
journal. 

4.  Neither  House,  during  the  session  of  Congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than  three 
days,  nor  to  any  other  place  than  that  in  which  the  two 
Houses  shall  be  sitting. 

Section  6. 

1.  The  Senators  and  Representatives  shall  receive  a  com- 
pensation for  their  services,  to  be  ascertained  by  law,  and 
paid  out  of  the  treasury  of  the  Confederate  States.  They 
shall,  in  all  cases,  except  treason,  felony,  and  breach  of 
peace,-  be  privileged  from  arrest  during  their  attendance  at 
the  session  of  their  respective  Houses,  and  in  going  to  and 
returning  from  the  same  ;  and  for  any  speech  or  debate  in 
either  House,  they  shall  not  be  questioned  in  any  other 
place. 

2.  No  Senator  or  Representative  shall,  during  the  time 
for  which  he  was  elected,  be  appointed  to  any  civil  office 
under  the  authority  of  the  Confederate  States,  which  shall 
have  been  created,  and  the  emoluments  whereof  shall  have 
been  increased  during  such  time  ;  and  no  person  holding 
any  office  under  the  Confederate  States  shall  be  a  member  of 
either  House  dm*ing  his  continuance  in  office.  But  Congress 
may,  by  law,  grant  to  the  principal  officer  in  each  of  the 
Executive  Departments  a  seat  upon  the  floor  of  each  House, 
with  the  privilege  of  discussing  any  measures  appertaining 
to  bis  department. 

Section  7. 

1.  All  bills  for  raisimg  revenue  shall  originate  in  Ihe 
House  of  Representatives  ;  but  the  Senate  may  propose  or 
concur  with  amendments  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  boeh  Houses,  shall, 
before  it  becomes  a  law,  be  presented  to  the  President  of  the 
Confederate  States  ;  if  he  approve,  he  shall  sign  it ;  but  if 
not.  he  shall  return  it  with  his  objections  to  that  House  in 
which  it  shall  have  originated,  who  shall  enter  the^  objec- 
tions at  large  on  their  journal,  and  proceed  to  reconsider  it. 
If,  after  such  reconsideration,  two-thirds  of  that  House  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  ob- 
jections, to  the  other  House,  by  which  it  shall  likewise  be 
reconsidered,  and  if  approved  by  two-thirds  of  that  House, 
it  sliall  become  a  law.    But  in  all  such  cases,  the  votes  of 


both  Houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  persons  voting  for  and  against  the  bill  shall  be 
entered  on  the  journal  of  each  House  respectively.  If  any 
bill  shall  not  be  returned  by  the  President  within  ten  days 
(Sundays  excepted)  after  it  shall  have  been  presented  to 
him,  the  same  shall  be  a  law,  in  like  manner  as  if  he  had 
signed  it,  unless  the  Congress,  by  their  adjournment,  prevent 
its  return  ;  in  which  case  it  shall  not  be  a  law.  The  Pre- 
sident may  approve  any  appropriation  and  disapprove  any 
other  appropriation  in  the  same  bill.  In  such  case  he  shall, 
in  signing  the  bill,  designate  the  appropriations  disapprov- 
ed ;  and  shall  return  a  copy  of  such  appropriations,  with  his 
objection,  to  the  House  in  which  the  bill  shall  have  originat- 
ed ;  and  the  same  proceedings  shall  then  be  had  as  in  case 
of  other  bills  disapproved  by  the  President. 

3.  Every  order,  resolution  or  vote,  to  which  the  concur- 
rence of  both  Houees  may  be  necessary  (except  on  a  ques- 
tion of  adjournment)  shall  be  presented  to  the  President  of 
the  Confederate  States  ;  and  before  the  same  shall  take  ef- 
fect, shall  be  approved  by  him  ;  or  being  disapproved  by 
him,  shall  be  re-passed  by  two-thirds  of  both  Houses  accord- 
ing to  the  rules  and  limitations  prescribed  in  case  of  a 
bill. 

Section  8. 

The  Congress  shall  have  power — 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises, 
for  revenue  necessary  to  pay  the  debts,  provide  for  the  com- 
mon defense,  and  carry  on  the  government  of  the  Confeder- 
ate States  ;  but  no  bounties  sliall  be  granted  from  the  trea 
sury  ;  nor  shall  any  duties  or  taxes  on  importations  from 
foreign  nations  be  laid  to  promote  or  foster  any  branch  of 
industry  ;  and  all  duties,  imposts  and  excises  shall  be  uni- 
form throughout  the  Confederate  States  : 

2.  To  borrow  money  on  the  credit  of  the  Confederate 
States  : 

3.  To  regulate  commerce  with  foreign  nations,  and  among 
the  several  States,  and  with  the  Indian  tribes  ;  but  neither 
this,  nor  any  other  clause  contained  in  tlie  Constitution,  shall 
ever  be  construed  to  delegate  the  power  to  Congress  to  ap- 
propriate money  for  any  internal  improvement  intended  to 
faciliate  commerce  ;  except  for  the  purpose  of  furnishing 
lights,  beacons,  and  buoys,  and  other  aids  to  navigation  upon 
the  coasts,  and  the  improvement  of  harbors  and  the  remov- 
ing of  obstructions  in  river  navigation,  in  all  which  cases, 
such  duties  shall  be  laid  on  :he  navigation  facilitated  there- 
by, as  may  be  necessrry  to  pay  the  costs  and  expense 
thereof:  '  C— 5 


10 

4.  To  establish  uniform  laws  of  naturalization,  and  uni- 
form laws  ou  the  subject  of  bankruptcies,  throughout  the 
Confederate  States,  but  no  law  of  Congress  shall  dis- 
charge any  debt  contracted  before  the  passage  of  the 
same  : 

5.  To  coin  money,  regulate  the  value  thereof  and  of 
foreign  coin,  and  fix  the  standard  of  weights  and  mea- 
sures : 

6.  To  provide  for  the  punishment  of  counterfeiting 
the  securities  and  current  coin  of  the  Confederate 
States : 

7.  To  establish  postoffices  and  post  routes  ;  but  the  ex- 
penses of  Postoffice  Department,  after  the  first  day  of  March 
in  the  year  of  our  Lord  eighteen  hundred  and  sixty-three, 
shall  be  paid  out  of  its  own  revenues : 

8.  To  promote  the  progress  of  science  and  useful  arts,  by 
securing  for  limited  times  to  authors  and  inventors  the 
exclusive  right  to  their  respective  writings  and  discov- 
eries : 

9.  To  constitute  tribunals  inferior  to  the  Supreme 
Court : 

10.  To  define  and  punish  piracies  and  felonies  commit- 
ted on  the  high  seas,  and  offences  against  the  law  of 
nations  : 

11.  To  decclare  war,  grant  letters  of  marque  and  re- 
prisals, and  make  rules  concerning  captures  on  land  and 
water  : 

12.  To  raise  and  support  armies  ;  but  no  appropriation 
of  money  to  that  use  shall  be  for  a  longer  term  than  two 
years  : 

13.  To  provide  and  maintain  a  navy  : 

14.  To  make  rules  for  the  government  and  regulation  o 
the  land  and  naval  forces  : 

15.  To  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  Confederate  States,  suppress  insurrections, 
and  repel  invasions : 

16.  To  provide  for  organizing,  arming,  and  disciplining 
the  militia,  and  for  governing  such  part  of  them  as  may  be 
employed  in  the  service  of  the  Confederate  States  ;  reserv- 
ing to  the  States,  respectively,  the  appointment  of  the  ofii- 
cers,  and  the  authority  of  training  the  militia  according  to 
the  discipline  prescribed  by  Congress  : 

17.  To  exercise  exclusive  legislation,  in  all  cases  what- 
soever, over  such  district  (not  exceeding  ten  miles  square) 
as  may,  by  cession  ofjjone  or  more  States  and  the  acceptance 
of  Congress,  become  the  seat  of  the  Government  of  the 


ii 

Confederate  States ;  and  to  ^^xeroise  like  authority  over  all 
places  purchased  by  the  consent  of  the  Legislature  of  the 
State  in  which  the  same  shall  be,  for  the  erection  of  forts, 
magazines,  arsenals,  dockyards,  and  other  needful  build- 
ings :  and 

18.  To  make  all  laws  which  shall  be  necessary  and  pro- 
per for  carrying  into  execution  the  foregoing  powers,  and 
all  other  powers  vested  by  this  Constitution  in  the  govern- 
ment of  the  Confederate  States,  or  in  any  department  or 
oflScer  thereof. 

Section  9. 

1.  The  importation  of  negroes  of  the  African  race,  from 
any  foreign  country,  other  than  the  slaveholding  States  or 
Territories  of  the  United  States  of  America,  is  hereby  for- 
bidden ;  and  Congress  is  required  to  pass  such  laws  as  shall 
effectually  prevent  the  same. 

2.  Congress  shall  also  have  power  to  prohibit  the  intro- 
duction of  slaves  from  any  State  not  a  member  of,  or  Ter- 
ritory not  belong  to,  this  Confederacy. 

3.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when  in  cases  of  rebellion  or  invasion 
the  public  safety  may  require  it. 

4.  No  bill  of  attainder,  ex  postfcvcto  law,  or  law  denying 
or  impairing  the  right  of  property  in  negro  slaves  shall  be 
passed. 

5.  No  capitation  or  other  direct  tax  shall  be  laid,  unless 
in  porportion  to  the  census  or  enumeration  hereinbefore  di- 
rected, to  be  taken. 

6.  Nor  tax  or  duty  shall  be  laid  on  articles  exported  from 
any  State,  except  by  a  vote  of  two-thirds  of  both  Houses. 

7.  No  preference  shall  be  given  by  any  regulation  of  com- 
merce or  revenue  to  the  ports  of  one  State  over  those  of 
nother. 

8.  No  money  shall  be  drawn  from  the  treasury,  but  in  con- 
sequence of  appropriutions  made  by  law ;  and  a  regular 
statement  and  account  of  the  receipts  and  expenditures  of 
all  public  money  shall  be  published  from  time  to  time. 

9.  Congress  shall  appropriate  no  money  from  the  treasury 
except  by  a  vote  of  two-thirds  of  both  Houses,  taken  by  yeas 
and  nays,  unless  it  be  asked  and  estimated  for  by  some  one 
of  the  lieads  of  Department,  and  submitted  to  Congress  by 
the  President ;  or  for  the  purpose  of  paying  its  own  expen- 
ses and  contingencies  ;  or  for  the  payment  of  claims  against 
the  Confederate  States,  the  justice  of  which  shall  have  been 
judicially  declared  by  a  tribunal  for  the  investigation  of 
claims  against  the  government,  which  is  hereby  made  the 
duty  of  Congress  to  eetablish.  C— 6 


12 

iO.  All  bills  appropriating  money  shall  specify  in  federal 
currency  the  exact  amount  of  each  appropriation  and  the 
purposes  for  which  it  is  made  ;  and  Congrci^s  sliall  grant  no 
extra  compensation  to  any  public  contractor,  officer,  agent 
or  servant,  after  sucli  contract  shall  Jmve  been  made  or  such 
service  rendered. 

11.  No  title  of  nobility  shall  be  granted  by  the  Confeder- 
ate States  ;  and  no  person  liolding  any  office  of  profit  or 
trust  under  them,  shall  without  the  consent  of  the  Congress 
accept  of  any  present,  emolument,  office  or  title  of  any  kind 
whatever  from  any  king,  prince  or  foreign  State. 

12.  Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  thereof;  or 
abridiug  the  freedom  of  speech,  or  of  the  press  ;  or  the  right 
of  the  people  peaceably  to  assemble  and  jietition  the  govern- 
ment for  a  redress  of  grievances. 

13.  A  well  regulated  militia  being  necessary  to  the 'Secu- 
rity of  a  free  State,  the  right  of  the  people  to  keep  and  bear 
arms  shall  not  be  infringed. 

14.  No  soldier  shall,  m  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner  ;  nor  in  time  of  war 
but  in  a  manner  to  be  prescribed  by  law. 

15.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects  against  unreasonable  searches  and 
seizures,  shall  not  be  violated  ;  and  no  warrants  shall  issue 
but  upon  probable  cause,  supported  by  oath  or  affirmation, 
and  particularly  describing  the  place  to  be  searched,  and  the 
persons  or  things  to  be  seized. 

16.  No  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime,  unless  on  a  presentment  or  indict- 
ment of  a  grand  jury,  except  in  cases  arising  in  the  land 
or  naval  forces,  or  in  the  militia,  when  in  actual  ser- 
vice, in  time  of  war  or  public  danger  ;  nor  shall  any  person 
be  subject  for  the  same  offence  to  be  twice  put  in  jeopardy 
of  life  or  limb  ;  nor  be  compelled,  in  any  criminal  case,  to 
be  a  witness  against  himself ;  nor  be  deprived  of  life,  liberty, 
or  property,  without  due  process  of  law  ;  nor  shall  private 
property  be  taken  for  public  use,  without  just  compensation. 

17.  In  all  criminal  prosecutions  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury 
of  the  State  and  district  wherein  the  crime  shall  have  been 
committed,  which  district  shall  have  been  previously  ascer- 
tained by  law,  and  to  be  informed  of  the  nature  and  cause 
of  the  accusation  ;  to  be  confronted  with  the  witnesses 
against  him  ;  to  have  compulsory  process  for  abtaining  wit- 
nesses in  his  favor ;  and  to  have  the  assistance  of  counsel  for 
his  defence. 


18 

16.  In  suits  at  common  law,  where  the  value  in  controver- 
sy shall  exceed  twenty  dollars,  the  right  of  trial  by  jur^ 
shall  be  preserved ;  and  no  fact  so  tried  by  a  jury  shall  be 
otherwise  re-examined  in  any  coui't  of  the  Confederacy  than 
according  to  the  rules  of  the  common  law. 

19.^  Excessive  bail  shall  not  bo  required,  nor  excessive 
fines  imposed,  nor  cruel  and  imusual  punishments  be  inflicted. 

20.  Every  law  or  resolution  having  the  force  of  law, 
shall  relate  to  but  one  subject,  and  that  shall  be  expressed  in 
the  title.  ^ 

SECTION   10. 

1.  No  State  sliall  enter  into  any  treaty,  alliance,  or  con- 
federation ;  grant  letters  of  marque  and  reprisal ;  coin  mon- 
ey ;  make  any  but  gold  and  silver  coin  a  tender  in  payment 
of  debts  ;  pass  any  bill  of  attainder,  or  ex  jjost  facto  law,  or 
law  impairing  the  obligation  of  contracts;  or  grant  any  title 
of  nobility. 

2.  No^  State  shall,  without  the  consent  of  the  Congress 
lay  any  imposts  or  duties  on  imports  or  exports,  except  what 
may  be  absolutely  necessary  for  executing  its  inspection  laws 
and  the  nett  produce  of  all  duties  and  imposts  laid  by  any 
State  on  imports  or  exports,  shall  be  for  the  use  of  the  treas- 
ury of  the  Confederate  States  ;  and  all  such  laws  be  subject 
to  the  revision  and  control  of  Congress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay 
any  duty  on  tonnage,  except  on  sea-going  vessels,  for  the  im- 
provement of  its  rivers  and  harbors  navigated  by  the  said 
vessels  ;  but  such  duties  shall  not  conflict  with  any  treaties 
of  the  Confederate  States  with  foreign  nations ;  and  any 
surplus  revenue,  thus  derived,  shallj  after  making  such  im- 
provement, be  paid  into  the  comM'on  treasury.  Nor  shall 
any  state  keep  troops  or  ships  of  war  in  time  of  peace,  en- 
ter into  any  agreement  or  compact  vrith  another  state,  or 
with  a  foreign  power,  or  engage  in  war,  unless  factually  in- 
vaded, or  in  such  imminent  danger  as  will  not  admit  of  de- 
lay. But  when  any  river  divides  or  flows  through  two  or 
more  States,  they  may  enter  into  compacts  with  each  other 
to  improve  the  navigation  thereof. 

ARTICLE   II. 

SECTION  I. 

1.  The  executive  power  shall  be  vested  in  a  President  of- 
the  Confederate  States  of  America.    He  and  the  Vice-Pres- 
ident shall  hold  their  offices  for  the  term  of  six  years  j  but 
the  President  shall  not  be  re-eligible.    The  President  and 
Vice-President  shall  be  elected  as  follows : 


u 

!^i  JBach  Stats  ^hall  appoint,  iu  such  manner  as  the  legts* 
iature  thereof  may  direct,  a  number  of  electors  equal  to  the 
whole  number  of  Senators  and  Representatives  to  which  the 
State  may  be  entitled  in  the  Congress  ;  but  no  Senator  or 
Representative,  or  person  holding  an  office  of  trust  or  profit 
under  the  Confederate  States,  shall  be  appointed  an  elector. 

3.  The  electors  shall  meet  in  their  respective  States  and 
vote  by  ballot  for  President  and  Vice-President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same  State 
with  themselves  ;  they  shall  name  in  their  ballots  the  person 
voted  for  as  President,  and  in  distinct  ballots  the  person  vo- 
ted for  as  Vice-President,  and  they  shall  make  distinct  lists 
of  all  persons  voted  for  as  President,  and  of  all  persons  vo- 
ted for  as  Vice-President,  and  of  the  number  of  votes  for 
each,  which  lists  they  shall  sign  and  certify,  and  transmit, 
sealed,  to  the  seat  of  the  government  of  the  Confederate 
States,  directed  to  the  President  of  the  Senate ;  the  Presi- 
dent of  the  Senate  shall,  in  the  presence  of  the  Senate  and 
House  of  Representatives,  open  all  the  certificates,  and  the 
votes  shall  then  be  counted  ;  the  person  having  the  greatest 
number  of  votes  for  President  shall  be  the  President,  if  such 
number  be  a  majority  of  the  whole  number  of  electors  ap- 
pointed ;  and  if  no  person  have  such  majority,  then,  from 
the  persons  having  the  highest  numbers,  not  exceeding  three, 
on  the  list  of  those  voted  for  as  President,  the  House  of 
Representatives  shall  choose  inunediately,  by  ballot,  the 
President.  But  in  choosing  the  President,  the  votes  shall 
be  taken  by  states,  the  representation  from  each  state  having 
one  vote ;  a  quorum  for  ik}^  purpose  shall  consist  of  a  mem- 
ber or  members  from  two-thirds  of  the  states,  and  a  majori- 
ty of  all  the  states  shall  be  necessary  to  a  choice.  And  if 
the  House  of  Representatives  shall  not  choese  a  President, 
whener  the  right  of  choice  shall  devolve  upon  them,  before 
the  fourth  day  of  March  next  following,  then  the  Vice-Pres- 
ident shall  act  as  President,  as  in  case  of  the  death,  or  other 
constitutional  disability  of  the  President. 

4.  The  person  having  the  greatest  number  of  votes  as 
Vice-President,  shall  be  the  Vice-President,  if  such  number 
be  a  majority  of  the  whole  number  of  electors  appointed  ; 
and  if  no  person  have  a  majority,  then,  from  the  two  highest 
numbers  on  the  list  the  Senate  shall  choose  the  Vice-Presi- 
dent ;.  a  quorum  for  the  purpose  shall  consist  of  two-thirds 
of  the  whole  number  oi  Senators,  and  a  majority  of  the 
whole  number  shall  be  necessary  to  a  choice. 

5.  But  no  person  constitutionally  ineligible  to  the  office  of 
President  shall  be  eligible  to  that  of  Vice-President  of  the 
Confederate  States. 


15 

6  The  Conffress  may  determine  the  time  of  choosing  the 
electors,  and  the  day  on  which  they  ^hall  give  t^eir  votes  ; 
which  day  shall  be  the  same  throughout  the  Confederate 

7  No  person  except  a  natural-born  citizen  of  the  Confed- 
erate States,  or  a  citizen  thereof,  at  the  time  of  the  adopt- 
ion  of  this  Constitution,  or  a  citizen  thereof  born  in  the 
United  States  prior  to  the  20th  of  December,  1860,  shall  be 
eligible  to  the  office  of  President;  neither  shall^  any  person 
be  eligible  to  that  office  who  shall  not  have  attained  the  age 
of  thirty-five  years,  and  been  fourteen  years  a  resident  with- 
in  the  limits  of  the  Confederate  States,  as  they  may  exist  at 
the  time  of  his  election.  . ,    ,  r         «  ^  ^« 

8  In  case  of  the  removal  of  the  President  from  office,  or 
of  his  death,  resignation,  or  inability  to  discharge  the  pow- 
ers and  duties  of  the  said  office,  the  same  shall  devolve  on 
the  Vice-President ;  and  the  Congress  may,  ^7  ^^w.  Provide 
for  the  case  of  removal,  death,  resignation,  or  inability  both 
of  the  President  and  Yice-President,  declaring  what  officer 
shall  then  act  as  President,  and  such  officer  shall  act  accord- 
ingly  until  the  disabiHty  be  removed  or  a  President  shall  be 

^  ^9  Vhe  President  shall,  at  stated  times,  receive  for  his 
services  a  compensation,  which  shall  neither  be  ^creased 
nor  diminished  during  the  period  for  which  he  shall  have 
been  elected  ;  and  he  shall  not  receive  within  that  period 
any  other  emolument  from  the  Confederate  States,  or  any 

^  10 ^Before  he  enters  on  the  execution  of  his  office,  he 
shall  take  the  following  oath  or  affirmation  : 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  ex- 
ecute  the  office  of  President  of  the  Confederate  States,  and 
will  to  the  best  of  my  ability,  preserve,  protect,  and  defend 
the  constitution,  thereof." 

Section  2. 

1  The  President  shall  be  command er.in-chief  of  the 
armV  and  navy  of  the  Confederate  States,  and  of  the  mili- 
tia  of  the  several  States,  when  caUed  into  the  actual^  ser- 
vice  of  the  Confederate  States  ;  he  may  require  the  opinion 
in  writing,  of  the  principal  officer  in  each  of  J^^  Executive 
Departments,  upon  any  subject  relating  to  the  duties  of  their 
respective  offices ;  and  he  shall  have  power  to  grant  r^ 
prieves  and  pardons  for  offences  against  the  Confederate 
States,  except  in  cases  of  impeachment. 


-16 

2.  He  shall  have  power,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  to  make  treaties,  provided  two-thirds  of 
the  Senators  present  concur  ;  and  he  shall  nominate,  and 
by  and  with  the  advice  and  consent  of  the  Senate,  shall  ap- 
point embassadors  and  other  public  ministers  and  consuls, 
Judges  of  the  Supreme  Court,  and  all  other  officers  of  the 
Confederate  States,  whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by 
law ;  but  the  Congress  may,  by  law,  vest  the  appointment 
of  such  inferior  officers,  as  they  think  proper,  in  the  Presi- 
dent alone,  in  the  courts  of  law  or  in  the  heads  of  depart- 
ments. 

3.  The  principal  officer  in  each  of  the  Executive  Depart- 
ments, and  all  persons  connected  with  the  diplomatic  ser- 
vice, may  be  removed  from  office  at  the  pleasure  of  the 
President.  All  other  civil  officers  of  the  Executive  De- 
partment may  be  removed  at  any  time  by  the  President,  or 
for  dishonesty,  incapatity,  inefficiency,  misconduct,  or  neg- 
lect of  duty  ;  and  when  so  removed,  the  removal  shall  be 
reported  to  the  Senate,  together  with  the  reasons  therefor. 

4.  The  President  shall  have  power  to  fill  all  vacancies 
that  may  happen  during  the  recess  of  the  Senate,  by  grant- 
ing commissions  which  shall  expire  at  the  end  of  their  next 
session ;  but  no  person  rejected  by  the  Senate  shall  be  re- 
appointed to  the  same  office  during  their  ensuing  recess. 

Section  3. 

*"1.  The  President  shall,  from  time  to  time,  give  to  the 
Congress  information  of  the  state  of  the  Confederacy,  and 
recommend  to  their  consideration  such  measures  as  he  shall 
judge  necessary  and  expedient ;  he  may,  on  extraordinary 
occasions,  convene  both  Houses,  or  either  of  them;  and  in 
case  of  disagreement  between  them,  with  respect  to  the  time 
of  adjournment,  he  may  adjourn  them  to  such  time  as  he 
shall  think  proper;  he  shall  receive  ambassadors  and  other 
public  ministers;  he  shall  take  care  that  the  laws  be  faith- 
fully executed,  and  shall  commission  all  the  officers  of  the 
Confederate  States. 

Section  4. 

1.  The  President,  Vice-President,  and  all  civil  officers  of 
the  Confederate  States,  shall  be  removed  from  office  on  im- 
peachment lor,  and  conviction  of,  treason,  bribery,  or  other 
nigh  crimes  and  misdemeanors. 


17 

ARTICLE  III. 

Section  1. 

1.  The  judicial  power  of  the  Confederate  States  shall  he 
vested  in  one  Supreme  Court,  and  in  such  Inferior  Courts 
as  the  Congress  may  from  time  to  time  ordain  and  establish. 
The  judges,  both  of  the  Supreme  and  Inferior  Courts,  shall 
hold  their  offices  during  good  behavior,  and  shall,  at  stated 
times,  receive  for  their  services  a  compensation,  which  shall 
not  be  diminished  during  their  continuance  in  office. 

Section  2. 

1.  The  judicial  power  shall  extend  to  all  cases  arising 
under  this  Constitution,  the  laws  of  the  Confederate  States, 
and  treaties  made  or  whicli  shall  be  made  under  their  au- 
thority; to  all  cases  affecting  ambassadors,  other  public 
ministers  and  consuls;  to  all  cases  of  admiralty  and  mari- 
time jurisdiction;  to  controversies  to  wliich  tlie  Confederate 
States  shall  be  a  party;  to  controversies  between  two  or 
more  States;  between  a  State  and  citizen  of  another  State 
where  the  State  is  plaintiff;  between  citizens  claiming  lands 
under  grants  of  different  States;  and  between  a  State  or 
the  citizens  thereof,  and  foreign  States,  citizens  or  subjects; 
but  no  State  shall  be  sued  by  a  citizen  or  subject  of  any 
foreign  State. 

2.  In  all  cases  affecting  ambassadors,  otlicr  public  minis- 
ters, and  consuls,  and  those  in  whicli  a  State  sliall  be  a 
party,  the  Supreme  Court  shall  have  original  jurisdiction. 
In  all  the  other  cases  before  mentioned,  the  Supreme  Court 
shall  have  appellate  jurisdiction,  both  as  to  law  and  fact, 
with  such  exceptions,  and  under  such  regulations,  as  the 
Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment, 
shall  be  by  jury,  and  such  trial  shall  be  held  in  the  State 
where  the  said  crimes  shall  have  been  committed;  but  when 
not  committed  within  any  State,  the  trial  shall  be  at  such 
place  or  places  as  the  Congress  may  by  law  have  directed. 

Section  3. 

1.  Treason  against  the  Confederate  States  shall  consist 
only  in,  levying  war  against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort.  No  person  shall  be 
convicted  of  treason  unless  on  the  testimony  of  two  wit- 
nesses to  the  same  overt  act,  or  on  confession  in  open  com-t. 

2.  The  Congress  shall  have  power  to  declare  the  punish- 
ment of  treason,  but  no  attainder  of  treason  shall  work 
corruption  of  blood,  or  forfeiture,  except  during  the  life  of 
the  person  attainted. 


18 

ARTICLE  IV. 

Section  1. 

1.  Full  faith  and  credit  shall  be  given  in  each  State  to 
the  public  acts,  records  and  judicial  proceedings  of  every 
other  State.  And  the  Congress  may,  by  general  laws,  pre- 
scribe the  manner  in  which  such  acts,  records,  and  proceed- 
ings shall  be  proved,  and  the  effect  thereof. 

Seciion  2. 

1.  The  citizens  of  each  State  shall  be  entitled  to  all  the 
privileges  and  immunities  of  citizens  in  the  several  States, 
and  shall  have  the  right  of  transit  and  sojourn  in  any  State 
of  this  Confederacy,  with  their  slaves  and  other  property: 
and  the  right  of  property  in  said  slaves  shall  not  be  thereby 
impaired. 

2.  A  person  charged  in  any  State  with  treason,  felony,  or 
other  crime  against  the  laws  of  such  State,  who  shall  flee 
from  justice,  and  be  found  in  another  State,  shall,  on  de- 
mand of  the  Executive  authority  of  the  State  from  which 
he  fled,  be  delivered  up,  to  be  removed  to  the  State  having 
urisdiction  of  the  crime. 

3.  No  slave  or  other  person  held  to  service  or  labor  in 
any  State  or  Territory  of  the  Confederate  States,  under  the 
laws  thereof,  escaping  or  lawfully  carried  into  another,  shall, 
in  consequence  of  any  law  or  regulation  therein,  be  dis- 
charged from  such  service  or  labor :  but  shall  be  delivered 
up  on  claim  of  the  party  to  whom  such  slave  belongs,  or  to 
whom  such  service  or  labor  may  be  due. 

Section  3. 

1.  Other  States  may  be  admitted  into  this  Confederacy 
by  a  vote  of  two-thirds  of  the  whole  House  of  Represen- 
tatives, and  two-thirds  of  the  Senate,  the  Senate  voting  by 
States;  but  no  new  State  shall  be  formed  or  erected  within 
the  jurisdiction  of  any  other  State;  nor  any  State  be  formed 
by  the  junction  of  two  or  more  States,  or  parts  of  States, 
without  the"  consent  of  the  legislatures  of  the  States  con- 
cerned, as  well  as  of  the  Congress. 

2.  The  Congress  shall  have  power  to  dispose  of  and  make 
all  needful  rules  and  regulations  concerning  the  property  of 
the  Confederate  States,  including  the  lands  thereof. 

3.  The  Confederate  States  may  acquire  new  territory; 
and  Congress  shall  have  power  to  legislate  and  provide 
governments  for  the  inhabitants  of  all  territory  belonging 
to  the  Confederate  States,  lying  without  the  limits  of  the 
several  States ;  and  may  permit  them,  at  such  times,  and  in 


18 

such  manner  as  it  may  by  law  provide,  to  form  States  to  be 
admitted  into  the  Confederacy.  In  all  such  territory,  the 
institution  of  negro  tlavory  as  it  now  exists  in  the  Confed- 
erate States,  shall  be  recognized  and  protected  by  Congress, 
and  by  the  territorial  government:  and  the  inhabitants  of 
the  several  Confederate  States  and  Territories,  shall  have 
the  right  to  take  to  such  territory  any  slaves  lawfully  held 
by  them  in  any  of  the  States  or  territories  of  the  Confed- 
erate States. 

4.  The  Confederate  States  shall  guaranty  to  every  State 
that  now  is  or  hereafter  may  become  a  member  of  this  Con- 
federacy, a  rci)ublican  form  of  government,  and  shall  pro- 
tect each  of  them  against  invasion;  and  on  application  of 
the  legislature  (or  of  the  Executive  when  the  lef2:islature  is 
not  in  session)  against  domestic  \'iolence. 

ARTICLE  V. 
Section  1. 

1.  Upon  the  demand  of  any  three  States,  legally  assem- 
bled in  tbeir  several  conventions,  the  Congress  shall  summon 
a  convention  of  all  the  States,  to  take  into  consideration 
such  amendments  to  the  Constitution  as  the  said  States  shall 
concur  in  suggesting  at  the  time  when  the  said  demand  is 
made ;  and  should  any  of  the  proposed  amendments  to  the 
Constitution  be  agreed  on  by  the  said  convention — voting 
by  States— and  the  same  be  ratified  by  the  legislatures  of 
two-thirds  of  the  several  States,  or  by  conventions  in  two- 
thirds  thereof — as  the  one  or  the  other  mode  of  ratification 
may  be  proposed  by  the  general  convention— they  shall 
thenceforward  form  a  part  of  this  Constitution.  But  no 
State  shall,  without  its  consent,  be  deprived  of  its  equal  re- 
presentation in  the  Senate. 

ARTICLE  VL 

1.  The  Government  established  by  this  Constitution  is 
the  successor  of  the  Provisional  Government  of  the  Con- 
federate States  of  America,  and  all  the  laws  passed  by  the 
latter  shall  continue  in  force  until  the  same  shall  be  repealed 
or  modified;  and  all  the  officers  appointed  by  the  same  shall 
remain  in  office  until  their  successors  are  appointed  and 
qualified,  or  the  offices  abolished. 

2.  All  debts  contracted,  and  engagements  entered  into  be- 
fore the  adoption  of  this  Constitution  shall  be  as  valid 
against  the  Confederate  States  under  this  Constitution  as 
under  the  Provisional  Government. 


20 

3.  This  Constitution,  and  the  laws  of  the  Confederate 
States,  made  in  pursuance  thereof,  and  all  treaties  made,  or 
which  shall  be  made  under  the  authority  of  the  Confederate 
States,  shall  be  the  supreme  law  of  the  land;  and  the  judges 
hi  every  State  shall  be  bound  thereby,  anything  in  tlie  con- 
stitution or  laws  of  any  State  to  the  contrary  notwithstand- 
ing.^ 

4.  The  Senators  and  Representatives  before  mentioned, 
and  the  memlDcrs  of  the  several  State  legislatures,  and  all 
executive  and  judicial  officers,  both  of  the  Confederate 
States,  and  of  the  several  States,  shall  be  bound  by  oath  or 
affirmation,  to  support  this  Constitution;  but  no  religious 
test  shall  ever  be  required  as  a  qualification  to  any  office 
or  public  trust  under  the  Confederate  States. 

5.  The  enumeration,  in  the  Constitution,  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  otliers  retained 
by  the  people  of  the  several  States. 

6.  The  powers  not  delegated  to  the  Confederate  States 
by  the  Constitution,  nor  prohibited  by  it  to  the  States,  are 
reserved  to  the  States,  respectively,  or  to  the  people  thereof. 

ARTICLE  YII. 

1.  The  ratification  of  the  conventions  of  five  States  shall 
be  sufficient  for  the  establishment  of  this  Constitution  be- 
tween the  States  so  ratifying  the  same. 

2.  When  five  States  shall  have  ratified  this  Constitution, 
in  the  manner  before  specified,  the  Congress  under  the  Pro- 
visional Constitution,  shall  prescribe  the  time  for  holding 
the  election  of  President  and  Vice-President ;  and,  for  the 
meeting  of  the  Electoral  College  ;  and,  for  counting  the 
votes,  and  inaugurating  the  President.  They  shall,  also, 
prescribe  the  time  for  holding  the  first  election  of  members 
of  Congress  under  this  Constitution,  and  the  time  for  as- 
sembling the  same.  Until  the  assembling  of  such  Congress, 
the  Congress  under  the  Provisional  Constitution  shall  con- 
tinue to  exercise  the  legislative  powers  granted  them;  not 
extending  beyond  the  time  limited  by  the  Constitution  of 
the  Provisional  Government. 


21 

On  motion  of  Mr.  Harris,  the  Constitution  accompany- 
ing the  communication  was  referred  to  a  select  committee 
of  five,  and  two  hundred  copies  ordered  to  be  printed  for 
tlie  use  of  the  Conventiou. 

The  President  appointed  as  said  committee  Messrs.  Glenn, 
Yerger,  George,  Jones  and  0.  Davis. 

Mr.  Smart  offered  the  following  resolution  : 
Resolved,  That  the  Military  Board  be  and  they  are  here- 
by authorized  and  empowered  to  transfer  to  the  govern- 
ment of  the  Confederate  States  such  of  the  Volunteer  com- 
panies of  this  State  as  may  be  willing  and  consent  to  volun- 
teer and  enlist  in  the  service  of  that  government  on  the 
term?  prescribed  by  it;  and  that  such  volunteers,  without 
reference  to  the  regimental  districts  defined  by  the  Military 
Ordinance,  shall  be  formed  into  battalions  or  regiments,  and 
elect  the  field  officers  for  such  organizations. 

On  his  motion  the  resolution  was  referred  to  the  Military 
committee. 

Mr.  Rogers  introduced  a  resolution  in  relation  to  the  pay 
of  certain  military  companies  therein  named  for  their  ser- 
vices at  Pensacola. 

On  his  motion,  the  resolution  was  adopted. 
Mr.  George  offered  the  following  resolution  : 
Resolved,  That  the  special  committee  of  five,  to  whom 
was  referred  the  Permanent  Constitution  for  the  Confeder- 
ate States  of  America,  be  instructed  to  report  to  this  Con- 
vention at  10  o'clock  to-morrow  morning,  an  ordinance 
providing  for  the  ratification  of  said  Constitution  by  this 
body  on  behalf  of  the  State  of  Mississippi. 

Mr.  Clayton,  of  Lowndes,  offered  "  An  Ordinance  to 
provide  for  the  election  of  delegates  by  the  people  of  the 
State  of  Mississippi,  to  ratify  in  convention  a  Constitution 
for  a  permanent  government  of  the  Confederate  States  of 
America,  as  an  amendment  by  way  of  substitute  for  the 
resolution. 

Mr.  Yerger  offered,  "  An  Ordinance  to  provide  for  the 
ratification"  or  reiection  of  the  Permanent  Constitution  by 
the  people  at  the'  ballot  box,  and  also  for  the  ratification  or 
rejection  by  the  people  of  the  ordinance  proposed,"  as  a 
substitute  for  the  substitute  offered  by  Mr.  Clayton,  of 
Lowndes. 

Mr.  Glenn  submitted  an  Ordinance  entitled,  "  An  Ordi- 
nance to  adopt  and  ratify  by  this  Convention  the  Perma- 
nent Constitution,"  as  a  substitute  for  the  resolution  and 
amendments  proposed. 

Mr.  Brooke  offered  the  following  resolution  :  • 


SI2 

^  Resolved,  That  the  committee  to  whom  was  referred  the 
Permanent  Constitution,  adopted  at  Montgomery,  be  in- 
structed to  report  an  Ordinance  referring  said  Constitution 
directly  to  the  people  at  the  ballot-box  for  ratification  or 
rejection. 

On  motion  of  Mr.  Davis,  of  Tippah,  the  various  propo- 
sitions before  the  Convention  were  referred  to  the  special 
committee  of  five  on  Permanent  Constitution. 

On  motion  of  Mr.  Yerger,  the  vote  referring  the  resolu- 
tion offered  by  Mr.  Smart  to  the  Military  committee  was 
reconsidered. 

Mr.  Yerger  oflered  the  following  amendment  to  said  res- 
olution, which  was  adopted  to-wit : 

And  upon  such  transfer  and  entry  into  the  service  of  the 
Confederate  States,  said  volunteers  shall  be  considered 
mustered  out  of,  and  discharged  from  military  service  un- 
der the  Ordinance  of  this  Convention  authorizing  the  cre- 
ation and  organization  of  a  Volunteer  Division  for  the  ser- 
vice of  the  State  of  Mississippi. 

Pending  the  adoption  of  the  resolution  as  amended,  the 
Convention  adjourned  until  lO  o'clock,  to-morrow  morning. 


TUESDAY,  Margh  26th,  18G1. 

The  Convention  met  pursuant  to  adjournment.  The 
Journal  of  yesterday  was  read  and  approved. 

Mr.  Brooke  presented  an  Ordinance  to  repeal  the  Or- 
dinance entitled  an  "Ordinance  to  regulate  the  Military 
System  of  the  State  of  Mississippi,"  and  an  "Ordinance 
to  raise  means  for  the  defense  of  the  State." 

On  his  motion  the  Ordinance  was  laid  on  the  table  and 
two  hundred  copies  ordered  to  be  printed. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  to-wit : 

The  resolution  offered  by  Mr.  Brooke  on  yesterday,  that 
the  committee  to  which  was  referred  the  Permanent  Con- 
stitution, adopted  at  Montgomery,  be  instructed  to  report 
an  Ordinance  referring  said  Constitution  directly  to  the 
people,  at  the  ballot-box,  for  ratification  or  rejection. 


23 

Mr.  Glenn  moved  to  lay  the  resolution  on  the  table,  which 
was  decided  in  the  negative  by  yeas  and  nays  as  follows  : 

YEAS-Mr.  President,  Messrs.  Baldwin,  Backstrom,  Booth, 
Berry,  Catchings,  0.  Davis,  Dease,  Dyer,  Deason,  Eckford, 
George,  Glenn,  Gwin,  Harris,  Hill,  Holt,  Hurst,  Isom, 
Jones,  Keirn,  Lea,  Lamar,  Lewis,  McGhee,  of  Bolivar,  Mil- 
ler, of  Tunica,  Neely,  Nelson,  Orr,  Semmes,  Terral, 
Thompson,  Yaughan,  Witty,  Wilkinson  and  Woods — 37. 

Nays — Messrs.  Barksdale,  Brooke,  Beene,  Blair,  Bonds, 
Bullard,  Clayton,  of  Lowndes,  Cummings,  Colbert,  J.  S. 
Davis,  Denson,  Douglas,  Edwards,  Farrar,  Flourney,  Fon- 
taine, Gholson,  Herring,  Johnston,  of  De  Soto,  Keith,  Ken-- 
nedy,  King,  Lewers,  McGhee,  of  Panola,  Miller,  of  Ponto- 
toc, Parker,  Powell,  of  Jones,  Rogers,  Sanders,  Sumner, 
Stephens,  Tison,  Taylor,  Thornton,  Winchester,  Wood,  of 
Attala,  Wright,  Yerger  and  Young — 40. 

Mr.  Clayton,  of  Lowndes,  offered  an  Ordinance  as  a  sub- 
stitute for  the  resolution  offered  by  Mr.  Brooke,  entitled 
an  Ordinance  to  provide  for  the  election  of  delegates  by 
the  people  of  the  State  of  Mississippi  to  ratify  in  Conven- 
tion a  Constitution  for  a  permanent  government  of  the 
Confederate  States  of  America. 

On  motion  of  Mr.  Glenn,  the  substitute  was  laid  on  the 
table  by  yeas  and  nays  as  follows  : 

Yeas — Mr.  President,  Messrs.  Baldwin,  Backstrom, 
Booth,  Brooke,  Blair,  Berry,  Catchings,  Colbert,  0.  Davis, 
Dease,  Douglas,  Dyer,  Deason,  Eckford,  George,  Glenn, 
Gwin,  Harris,  Hill,  Holt,  Hurst,  Isom,  Johnston,  of  De 
Soto,  Jones,  Keirn,  Keith,  Lea,  Lamar,  Lewis,  McGhee,  of 
Bolivar,  McGhee,  of  Panola,  Miller,  of  Tunica,  Neely,  Nel- 
son, Orr,  Parker,  Powell,  of  Jones,  Semmes,  Terral, 
Thompson,  Yaughan,  Witty,  Wilkinson  and  Woods — 45. 

Nays — Messrs.  Anderson,  Barksdale,  Beene,  Bonds,  Bul- 
lard, Clayton,  of  Lowndes,  Cummings,  J.  S.  Davis,  Ed- 
wards, Farrar,  Flourney,  Fontaine,  Gholson,  Herring,  King, 
Kennedy,  Lewers,  Miller,  of  Pontotoc,  Rogers,  Saaders, 
Sumner,  Stephens,  Tison,  Taylor,  Thornton,  Winchester, 
Woods,  of  Attala,  Wright,  Yerger  and  Young — 30. 

Pending  further  action  on  the  resolution  offered  by  Mr. 
Brooke,  Mr.  Glenn  asked  the  unanimous  consent  of  the 
Convention  to  make  a  report  from  the  committee  to  whom 


24 

was  referred  the  Constitution  of  the  Confederate  States  of 
America. 

Objections  being  made,  the  question  was  put  to  the  Con- 
vention and  decided  in  the  affirmative. 

Mr.  Glenn  then  submitted  the  following  report : 

Mr.  President  : — 

The  committee  to  whom  was  referred  the  Constitution 
of  the  Confederate  States  of  America,  have  had  the  same 
under  consideration  and  have  instructed  me  to  report  an 
Ordinance  providiug  for  the  adoption  and  ratification  by 
the  State  of  Mississippi,  acting  in  its  sovereign  and  inde- 
pendent character,  the  Constitution  adopted  by  the  Con- 
gress at  Montgomery,  in  the  State  of  Alabama,  in  the  year 
of  our  Lord,  1861,  and  to  recommend  its  passage. 

Mr.  Yerger,  from  the  same  committee,  made  a  minority 
report,  and  with  his  report,  "  an  Ordinance  to  provide  for 
the  ratification  or  rejection  of  the  Permanent  Constitution, 
by  the  people  at  the  ballot-box  ;  and,  also,  for  the  ratifica- 
tion or  rejection,  by  the  people,  at  the  ballot-box,  of  the 
Ordinance  proposed." 

On  motion  of  Mr.  Wood,  of  Attala,  the  majority  report 
was  received. 

Question  on  agreeing,  Mr.  Wood,  of  Attala,  offered  "an 
Ordinance  to  provide  for  submitting  the  permanent  Consti- 
tution of  the  Confederate  States  of  America,  to  the  people 
of  the  State  of  Mississippi,"  as  a  substitute  for  the  Ordi- 
nance reported  by  the  majority  committee. 

Pending  further  action,  on  motion,  the  Convention  ad- 
journed until  3  o'clock  p.  M. 


THREE   0  CLOCK,   P.   M. 


The  Convention  met  pursuant  to  adjournment. 

The  President  announced  that  he  had  received  from  Mr. 
F.  A.  Pope  his  resignation  as  secretary  of  the  Convention. 

The  resignation  was  received,  and,  on  motion  of  Mr. 
Glenn,  the  Convention  proceeded  to  the  election  of  a  sec- 
retary to  fill  the  vacancy. 

On  his  further  motion,  Mr.  E.  P.  Russell,  of  Jackson, 
was  elected  secretary  by  acclamation. 

On  motion  of  Mr.  Brooke,  the  Ordinance  to  repeal  an 
Ordinance  entitled,  "  An  Ordinance  to  regulate  the  military 


25 

system  of  the  State  of  Mississippi,"  and  au  ''  Ordinance  to 
raise  means  for  the  defense  of  the  State/'  was  called  from 
the  table,  and  on  motion  of  Mr.  Holt,  was  referred  to  the 
military  committee. 

The  Convention  resumed  the  consideration  of  the  unfin- 
ished business  pending  the  adjournment,  to-wit : 

The  Ordinance  offered  by  Mr.  Wood,  of  Attala,  as  a  sub- 
stitute for  the  Ordinance  reported  by  the  majority  commit- 
tee on  the  permanent  Constitution. 

Pending  the  action,  on  motion,  the  Convention  adjourn- 
ed until  10  o'clock,  to-morrow  morning. 


WEDNESDAY,  March  27th,  1861. 

The  Convention  met  pursuant  to  adjournment. 

The  Journal  of  yesterday  was  read  and  approved. 

The  President  presented  to  the  Convention  the  following 
communications  from  the  Hon.  W.  S.  Wilson  and  Jas.  S. 
Johnston,  to-wit  : 

Port  Gibson,  March  22d,  1861. 
Hon.  W.  S.  Barry, 

President  of  the    Convention  : — 

Sir:  As  it  is  very  doubtful  whether  I  should  be  able  to 
attend  the  adjourned  session  of  the  Congress,  at  Montgom- 
ery, in  May,  I  have  felt  it  to  be  my  duty  to  tender  the  re- 
signation of  my  seat.  Will  you  be  good  enough  to  make 
this  known  to  the  Convention,  and  to  express  to  them  my 
appreciation  of  the  honor  which  was  done  me  by  the  ap- 
pointment. Very  respectfully  yours,  <fec., 

W.  S.  WILSON. 

Church  Hill,  March  24th,  1861. 
Hon.  W.  S.  Barry, 

President  of  the  Convention: — 
Bear  Sir:  I  deeply  regret  to  say  that  in  consequence  of 
the  severe  and  continued  illness  of  my  wife,  and  upon  con- 
sultation with  her  medical  adviser,  I  shall  be  under  the 
painful  necessity  of  absenting  myself  from  the  sittings  of 
the  approaching  Convention.  Nothing,  I  assure  you,  but 
a  distresslDg  domestic  affliction,  would  be  permitted  to  de« 


26 

tain  me  from  my  seat.  Perceiving  no  prospect  of  any  such 
early  or  material  improvement  in  the  condition  of  my  wife's 
health  as  would  justify  me  in  leaving  home  for  any  length 
of  time,  I  deem  it  my  duty  to  resign  the  seat  in  your  body 
with  which  I  have  been  honored  by  the  people  of  Jefferson. 
Very  respectfully  your  obedient  servant, 

JAS.  S.  JOHNSTON. 

On  motion  of  Mr.  Glenn,  the  communications  were  re- 
ceived and  laid  on  the  table. 

On  his  further  motion,  the  regular  business  was  suspend- 
ed to  enable  him  to  introduce  an  Ordinance  to  authorize 
the  entry  and  sale  of  waste  and  unappropriated  lands  in 
the  State  of  Mississippi. 

The  Ordinance  was  read  the  first  time  and  second  time, 
and  on  motion  of  Mr.  0.  Davis,  was  referred  to  a  select 
committee  of  three,  composed  of  Messrs.  Glenn,  O.  Davis 
and  Yerger. 

The  President  appointed  Messrs.  Orr  and  Winchester  to 
fill  the  vacancies  on  the  military  committee. 

Mr.  Brooke  introduced  an  Ordinance  in  relation  to  For- 
eign Insurance  companies,  which  was  read  the  first  time. 

On  his  motion  the  rule  was  suspended  and  the  Ordinance 
adopted..  ^ 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  to-wit : 

The  amendment  offered  by  Mr.  Wood  of  Attala,  by  way 
of  substitute  for  the  Ordinance  reported  by  the  select  com- 
mittee to  whom  was  referred  the  Constitution  of  the  Con- 
federate States,  adopted  by  the  Congress,  at  Montgomery, 
Alabama. 

Mr.  Fontaine  offered  an  amendment  to  the  amendment  as 
a  substitute,  entitled,  "  An  Ordinance  to  provide  for  the  as- 
sembling of  a  convention  of  the  people  of  Mississippi  to 
ratify  the  permanent  Constitution  of  the  Confederate  States. 

Pending  the  question  on  the  amendment  to  the  amend- 
ment, on  motion  of  Mr.  Glenn,  the  Convention  adjourned 
until  3  o'clock,  p.  M. 

Mr.  Clayton,  of  Lowndes,  being  entitled  to  the  floor. 


THREE  o'clock,  P.   M. 

The  Convention  met  pursuant  to  adjournment. 
On  motion  of  Mr.  Dyer, 


87 

ResotvBd,  That  the  President  of  this  Conveation  be,  a&d 
he  is  hereby  requested  to  have  a  Confederate  Flag  made 
and  hoisted. 

Mr.  Barksdale,  from^the  committee  on  enrolled  Ordinan- 
ces, made  the  following  report : 

Mr.  President  : — 

The  committee  on  Enrolled  Ordinances  have  this  day  ex- 
amined, an  Ordinance  to  revise  and  amend  the  law  in  re- 
lation to  Foreign  Insurance  Companies.  Also,  a  resolution 
in  relation  to  certain  volunteer  companies  therein  named,  and 
found  the  same  correctly  enrolled. 

The  Convention  resumed  the  consideration  of  the  unfin- 
ished business  pending  the  adjournment,  to-wit : 

The  report  of  the  committee  on  the  permanent  Constitu- 
tion adopted  at  Montgomery. 

The  question  being  on  the  adoption  of  the  amendment 
offered  by  Mr.  Fontaine,  as  a  substitute  for  the  amendment 
offered  by  Mr.  Wood,  of  Attala. 

Pending  the  question,  on  motion  the  Convention  adjourn- 
ed until  eight  o'clock,  p.  M. 

Mr.  Harris  being  entitled  to  the  floor. 


The  Convention  met  pursuant  to  adjournment. 

On  motion  of  Mr.  Flourney, 

Resolved,  That  the  debate  on  the  various  matters  propo- 
sed for  the  ratification  of  the  Constitution  adopted  at  Mont- 
gomery, be  closed  at  one  o'clock,  to-morrow,  and  that  the 
•Convention  then  proceed  to  take  a  vote. 

The  Convention  resumed  the  consideration  of  the  unfin- 
ished busines,  pending  the  adjournment,  to-wit : 

The  report  of  the  select  committee  of  five  on  the  perma- 
nent Constitution. 

The  question  being  on  the  adoption  of  the  amendment  of 
Mr.  Fontaine,  as  a  substitute  for  the  amendment  of  Mr. 
Wood,  of  Attala. 

Pending  the  question,  on  motion  of  Mr.  Clayton,  of  Mar- 
shall, the  Convention  adjourned  until  9  o'clock,  to-morrow 
morning. 

Mr.  Wright  being  entitled  to  the  floor. 


^r  28 

THURSDAY,  March  28th,  1861. 

The  Convention  met  pursuant  to  adjournment. 

The  Journal  of  yesterday  was  read  and  approved. 

The  Convention  resumed  the  consideration  of  the  unfin- 
ished business,  pending  the  adjournment,  to-wit : 

The  report  of  the  select  committee  of  five  on  the  perma- 
nent Constitution. 

The  question  being  on  the  adoption  of  the  amendment  of 
Mr.  Fontaine,  as  a  substitute  for  the  amendment  of  Mr. 
Wood,  of  Attala. 

On  motion  of  Mr.  Clapp,  the  further  consideration  of 
the  unfinished  business  was  suspended  to  enable  him  to  in- 
troduce the  following  resolution  : 

Rpsolved,  That  the  resolution  adopted  on  yesterday,  "that 
the  debate"  on  the  various  matters  proposed  for  the  ratifica- 
tion of  the  Constitution  be  closed  at  one  o'clock,  to-day," 
be  and  the  sapie  is  hereby  rescinded. 

On  his  further  motion,  the  resolution  was  adopted. 

The  Convention  again  resumed  the  consideration  of  the 
unfinished  business. 

Pending  further  action,  on  motion  of  Mr.  Wright,  the 
Convention  adjourned  until  3  o'clock,  p.  m. 

Mr.  Rogers  being  entitled  to  the  floor. 


THREE  o'clock,   P.   M. 


The  Convention  met  pursuant  to  adjournment. 

Mr.  Glenn  from  the  select  committee  to  whom  was  re- 
ferred an  Ordinance  to  authorize  the  entry  and  sale  of  waste 
and  unappropriated  lands  in  the  State  of  Mississippi,  re- 
ported the  same  back  to  the  Convention  with  amendmentB 
and  recommended  its  passage  as  amended,  which  was  re- 
ceived and  agreed  to,  and  the  Ordinance  as  amended  read 
the  first  time. 

On  his  motion,  the  rule  was  suspended  and  the  Ordinance 
•passed  as  amended. 

Mr.  Glenn,  by  leave,  introduced  an  Ordinance  in  relation 
to  the  Land  Office,  at  Paulding,  in  Jasper  county,  which 
was  read  the  first  time  and  laid  on  the  table. 
,,^Mr.  BuUard  offered  the  following  resolutions,  which  were 
unanimously  adopted,  to-wit : 

Resolved,  by  the  People  of  Mississippi  in  Convention  as- 


29 

sembled,  That  the  prompt  response  of  the  gallant  Mississippi 
Volunteers  to  the  call  of  the  President  of  the  Confederate 
States,  deserves  the  highest  commendation  of  the  Conven- 
tion, and  gives  the  strongest  assurance  of  attachment  of 
the  people  of  Mississippi  to  the  common  cause. 

2d.  That  the  Convention  deems  it  proper  to  convey  to 
the  Volunteers  the  assurance  that  Mississippi  will  promptly 
attach  herself  to  the  Confederacy  to  whose  standard  her 
citizen  soldiers  are  rallying. 

3d.  That  the  President  of  this  Convention  Telegraph 
these  resolutions  to  the  officers  in  command  of  the  Volun- 
teers at  Mobile,  and  request  liim  ta  cause  them  to  be  read 
at  the  heads  of  companies. 

On  motion  of  Mr.  Deason, 

Resolved^  That  a  committee  of  three  be  ap]3ointed  to  take 
into  consideration  the  propriety  of  purchasing  a  sufficient 
quantity  of  corn  for  the  poor  of  the  different  counties  of 
this  State,  and  report  by  resolution  or  otherwise. 

The  President  appointed  as  said  committee,  Messrs.  Dea- 
son, Taylor  and  Harris. 

Mr.  Glenn  introduced  the  following  resolution : 

Whereas,  reliable  and  satisfactory  information  has  been 
laid  before  this  Convention  that  many  members  of  the  bar, 
and  many  suitors  in  the  courts  of  this  State,  are  now  ab- 
sent in  the  service  of  the  Confederate  States ;  therefore 
be  it 

Resolved^  hy  the  Convention  of  the  x^cople  of  Mississippi, 
That  the  judges  of  the  various  circuit  courts  of  this  State, 
as  well  as  the  justices  of  the  peace,  be  and  they  are  hereby 
earnestly  requested  and  recommended  as  well  as  authorized 
to  suspend  the  sessions  of  their  tribunals  as  to  the  trial  of 
civil  and  chancery  cases  in  court,  during  the  spring  and 
summer  of  the  present  year  ;  proviaed,  that  such  courts  shall 
proceed  to  the  trial  of  all  criminal  causes  in  said  courts  ac- 
cording to  the  due  course  of  law. 

On  his  motion  the  resolution  was  laid  on  the  table  for  the 
present. 

The  Convention  resumed  the  consideration  of  the  unfin- 
ished business  pending  the  adjournment,  to-wit  : 

The  report  of  the  select  committee  of  five  on  the  perma- 
nent Constitution. 

The  question  being  on  the  adoption  of  the  amendment  of 
Mr.  Fontaine  as  a  substitute  for  the  amendment  of  Mr. 
Wood,  of  Attala,  to  the  report  of  said  committee. 


80 

Pending  the  question,  on  motion  of  Mr.  Flourney  the 
Convention  adjourned  until  8  o'clock,  p.  m. 


EIGHT  o'clock,   P.  M. 

The  Convention  met  pursuant  to  adjournment. 

Mr.  George,  by  leave,  introduced  an  Ordinance  in  rela- 
tion to  judgments  and  decrees  heretofore  rendered,  and  suits 
pending  in  the  Federal  courts  lately  existing  in  this  State 
and  the  records  thereof,  which  was  read  the  first  time,  and, 
on  his  motion  laid  on  the  table  and  two  hundred  copies  or- 
dered to  be  printed. 

On  motion  of  Mr.  Jones,  of  Sunflower, 

Besolved,  That  the  debate  on  the  permanent  Constitution 
of  the  Confederate  States  shall  close,  and  a  vote  be  taken 
on  the  questions  involved,  at  or  before  the  hour  of  10 
o'clock,  A.  M.,  to-morrow,  the  29th  inst.,  and  that  no  further 
postponement  be  allowed. 

Mr.  Fontaine,  from  the  military  committee  made  the  fol- 
lowing report : 

Mr.  President: — 

The  military  committee  to  whom  was  referred  an  Ordi- 
nance to  repeal  an  Ordinance  to  regulate  the  military  sys- 
tem of  the  State,  have  had  the  same  under  consideration, 
and  have  instructed  me  to  report  it  back  to  the  Convention 
with  a  recommendation  that  it  do  not  pass. 

On  his  motion  the  report  was  received  and  agreed  to. 

Mr.  Barksdale  from  the  committee  on  enrolled  Ordinances 
made  the  following  report : 

Mr.  President: — 

The  committee  on  enrolled  Ordinances  have  examined  an 
Ordinance  to  authorize  the  entry  and  sale  of  waste  and  un- 
appropriated lands  in  the  State  of  Mississippi ;  also,  reso- 
lutions in  relation  to  the  Mississippi  Volunteers,  and  found 
the  same  correctly  enrolled. 

The  Convention  resumed  the  consideration  of  the  unfin- 
ished business,  to-wit : 

The  report  of  the  select  committee  of  five  on  the  perma- 
nent Con^tution, 


81 

The  question  being  on  the  adoption  of  the  amendment  of 
Mr.  Fontaine,  as  a  substitute  for  the  amendment  of  Mr. 
Wood,  of  Attala,  to  the  report  of  said  committee. 

Pending  the  question,  Mr.  Gholson  moved  that  the  Con- 
vention adjourn  until  9  o'clock,  to-morrow  morning. 

Pending  the  motion  to  adjourn,  Mr.  J.  S.  Davis,  by  leave 
ofiered  the  following  resolution  : 

Resolved,  That  this  Convention  adjourn,  sine  die^  on  Sat- 
urday, the  30th  inst.,  at  6  o'clock,  p.  m. 

Mr.  Gholson  moved  to  lay  the  resolution  on  the  table. 

Pending  the  motion  the  Convention  adjourned  until  nine 
o'clock,  to-morrow  morning. 


FRIDAY,  March  29th,  1861. 

The  Convention  met  piu'suant  to  adjournment. 
The  Journal  of  yesterday  was  read  and  approved. 
The  President  presented  to  the  Convention  the  following 
communication  from  the  Governor  : 

Executive  Office,  Jackson,  March  28th,  1861. 
Hon.  W.  S.  Babry, 

President  of  the  Convention : — 

Sir:  I  would,  tlirough  you,  respectfully  call  the  attention 
of  the  Convention  to  the  distressing  condition  of  a  large 
portion  of  the  people  of  the  central  counties  of  this  State, 
from  Leake  and  Attala  to  the  sea  shore.  The  excessive 
drought  of  last  summer  ruined  their  crops,  both  corn  and 
cotton,  and  a  considerable  number  of  the  people  of  that  dis- 
trict have  not  corn  enough  to  enable  them  to  live,  and  are 
without  the  means  or  credit  to  purchase  bread. 

Knowing  that  it  is  only  necessary  for  these  facts  to  be 
presented  to  the  Convention  to  induce  them  to  extend  to 
the  destitute  the  aid  required.  I  have  deemed  it  my  duty 
to  ask  an  investigation  of  the  matter,  and  if  the  facts  are  as  I 
am  informed  aad  believe,  I  regard  them  as  sufficient  to  war- 
rant me  in  invoking  the  full  power  of  the  State  to  apply 
the  remedy,  and  to  effect  that  I  would  respectfully  submit 
the  following  suggestions  :  First,  that  extraordinary  powers 
be  given  to  the  Boards  of  Police  of  auch  counties  as  are 


32 

destitute  of  coi'n,  to  use  all  comity  funds,  school  funds,  &c., 
which  may  be  under  their  control,  for  the  purchase  of  corn, 
to  be  loaned  to  those  who  are  unable  to  buy.  Second,  that 
they  be  empowered  to  issue  scrip  bearing  such  rate  of  in- 
terest as  will  enable  them  to  dispose  of  it  for  the  amount  of 
funds  required.  Third,  that  the  State  advance  to  said  coun- 
ties as  a  loan  in  Treasury  notes,  or  money,  a  sum  sufficient 
to  relieve  their  distress  and  drive  hunger  from  their  doors. 
The  proposition  is  not  debateable  that  all  the  powers  and 
resources  of  the  State  must  be  exhausted,  before  Mississip- 
pians  are  permitted  to  starve. 

I  would  ask  leave  further  to  represent  through  you  to  the 
Convention,  that  arms,  ammunition,  tents,  clothing,  <fec., 
were  purchased  in  Mobile,  for  Mississippi  troops,  sent  to 
Pensacola,  in  January  last,  which  added  to  the  other  ex- 
penses exceeds  by  several  thousand  dollars  the  appropria- 
tion  made  by  the  Convention  for  their  support. 

A  further  appropriation  of  four  or  five  thousand  dollars 
will  be  necessary  to  settle  the  account  of  the  Quarter-Mas- 
ter General,  of  the  State  of  Mississippi. 

The  six  twenty-four  pounder  guns,  and  the  ammunition 
for  the  same,  and  a  large  portion  of  the  other  arms,  received 
by  me  from  the  State  of  Louisiana,  might  be  turned  over  to 
the  Confederate  States. 

Three  thousand  of  the  muskets  will  be  required  to  arm 
the  troops  of  Mississippi :  a  considerable  number  of  them 
have  already  been  distributed  to  Volunteer  Companies. 
Very  respectfully, 

JOHN  J.  PETTUS. 

On  motion  of  Mr.  Orr,  the  communication  was  referred 
to  the  select  committee,  raised  on  yesterday,  under  the  res- 
olution offered  by  Mr.  Deason. 

On  motion  of  Mr.  King,  the  unfinished  business  pending 
before  the  Convention,  was  suspended  to  enable  him  to  in- 
troduce an  Ordinance  with  the  following  title. 

An  Ordinance  supplemental  to  an  Ordinance  entitled,  an 
Ordinance  to  raise  means  for  the  defense  of  the  State,  adop^ 
ted,  the  26th  day  of  January,  A.  D.  1861,  which  was  read 
the  first  time. 

On  his  motion,  the  rule  was  suspended  and  the  Ordinanee 
adopted. 

The  Convention  then  resumed  the  consideration  of  the 
unfinished  business,  to-wit : 

The  report  of  the  majority  committee  of  five  on  tbd  pCr» 
mauent  Constitution* 


33 

The  question  being  on  the  adoption  of  the  amendment  of 
Mr.  Fontaine  as  a  substitute  for  the  amendment  of  Mr. 
Wood,  of  Attala,  as  a  substitute  for  the  Ordinance  reported 
by  the  Committee. 

The  discussion  being  ended,  the  Convention  proceeded  to 
take  the  vote. 

The  question  was  first  taken  on  the  adoption  of  Mr.  Fon- 
taine's amendment,  as  a  substitute  for  the  amendment  of  Mr. 
Wood,  of  Attala,  and  decided  in  the  negative  by  yeas  and 
nays  as  folbws  : 

Yeas — Messrs.  Anderson,  Aldridge,  Barksdale,  Beene, 
Bonds,  Clayton,  of  Lowndes,  Cummings,  J.  S.  Davis,  Den- 
son,  Flourney,  Fontaine,  Gholson,  Herring,  Keith,  King, 
Marshall,  Miller,  of  Pontotoc,  Rogers,  Reynolds,  Sanders, 
Smart.  Stephens,  Tison,  Taylor,  Wood,  of  Attala,  Yerger 
and  Young — 28. 

Nays — Mr.  President,  Messrs.  Baldwin,  Backs trom. 
Booth,  Brantley,  Brooke,  Blair,  Berry,  Bullard,  Bookter, 
Clayton,  of  Marshall,  Catchings,  Colbert,  Clapp,  0.  Davis, 
Dease,  Douglas,  Dyer,  Deason,  Eckford,  Farrar,  Fizer, 
George,  Glenn,  Gibson,  Gwin,  Harris,  Hill,  Holt,  Isom, 
Johnson,  of  De  Soto,  Jones,  Keirn,  Kennedy,  Lea,  Lamar, 
Lewers,  Lewis,  McGhee,  of  Bolivar,  McGhee,  of  Panola, 
Miller,  of  Tunica,  Neely,  Nelson,  Orr,  Pattison,  Powell,  of 
Covington,  Powell,  of  Jones,  SemmcLs  Terral,  Thompson, 
Vaughn,  Witty,  Winchester,  Wilkinson,  Woods  and  Wright 
— ^7, 

Mr.  Gholson  ofiered  an  amendment  as  a  substitute  for  the 
amendment  of  Mr.  Wood,  of  Attala,  entitled,  "an  Ordinance 
to  provide  for  the  ratification  by  the  people  of  the  State  of 
Mississippi,  the  Constitution  of  the  Confederate  States  of 
America,  adopted,  by  the  Congress  of  the  Confederate 
States  of  America,  March  11th,  1861." 

Mr.  Gholson  moved  the  adoption  of  his  amendment  which 
was  decided  in  the  negative  by  yeas  and  nays  as  follows  : 

Yeas — Messrs.  Aldridge,  Barksdale,  Brooke,  Beene,  Blair, 
Bonds,  Clayton,  of  Lowndes,  Cummings,  Colbert,  J.  S. 
Davis,  Farrar,  Flourney,  Fontaine,  Gholson,  Herring,  King, 
Lewers,  Marshall,  Miller,  of  Pontotoc,  Powell  of  Jones, 
Rogers,  Reynolds,  Sanders,  Smart,  Sumner,  Stephens,  Tison, 
Taylor,  Winchester,  Wright,  Yerger  and  Young— -32. 

Nays— Mr.  President,  Messrs,  Anderson,  Baldwin,  Back' 
C^7 


34 

stroui,  Booth,  Brantley,  Berry,  BuUard,  Bookter,  Clayton, 
of  Marshall,  Catchings,  Clapp,  0.  Davis,  Dease,  Douglas, 
Dyer,  Deason,  Eckford,  Edwards,  Fizer,  George,  Glenn, 
Gibson,  Gwin,  Harris,  Hill,  Holt,  Isom,  Johnston,  of  De 
Soto,  Jones,  Keirn,  Keith,  Kennedy,  Lea,  Lamar,  Lewis, 
Mayson,  McGliee,  of  Bolivar,  McGliee,  of  Panola,  Miller, 
of  Tunica,  Neely,  Nelson,  Orr,  Pattison,  Powell,  of  Coving- 
ton, Semmes,  Terral,  Thompson,  Vaughn,  Witty,  Wilkinson, 
Woods,  Wood  of  Attala— 53 

The  question  was  then  taken  on  the  adoption  of  the 
amendment  of  Mr.  Wood,  of  Attala,  to  the  report  of  the 
majority  committee,  and  decided  in  the  negative  by  yeas 
and  nays  as  follows  : 

Yeas — Messrs.  Barksdale,  Blair,  Bonds,  Clayton,  of 
Lowndes,  Cummings,  Colbert,  J.  S.  Davis,  Denson,  Farrar, 
Gholson,  Herring,  King,  Marshall,  Rogers,  Reynolds,  Sum- 
ner, Stephens,  Taylor,  Winchester,  Wood,  of  Attala,  Wright, 
Yerger  and  Young — 23. 

Nays — Mr.  President,  Messrs.  Anderson,  Baldwin,  Back- 
Strom,  Booth,  Brantly,  Brooke,  Beene,  Berry,  Bullard,  Book- 
ter, Clayton,  of  Marshall,  Catchings,  Clapp,  0.  Davis, 
Dease,  iDouglas,  Dyer,  Deason,  Eckford,  Fizer,  Fontaine, 
George,  Glenn,  Gibson,  Gwin,  Harris,  Hill,  Holt,  Isom, 
Johnston,  of  DeSoto,  Jones,  Keirn,  Keith,  Kennedy,  Lea, 
Lamar,  Lewis,  Mayson,  McGhee,  of  Bolivar,  McGhee,  of 
Panola,  Miller,  of  Pontotoc,  Miller,  of  Tunica,  Neely,  Nel- 
son, Orr,  Pattison,  Powell,  of  Covington,  Semmes,  Terral, 
Tison,  Thompson,  Yaughan,  Witty,  Wilkinson  and  Woods 
—56. 

Mr.  Yerger  then  moved  the  adoption  of  the  Ordinance 
reported  by  him  as  the  minority  of  the  committee  as  a  sub- 
stitute for  the  Ordinance  reported  by  the  majority,  which 
was  decided  in  the  negative  by  yeas  and  nays  as  follows  : 

Yeas — Messrs.  Blair,  13t)nds,  Cummings,  Gholson,  Her- 
ring, Marshall,  Reynolds,  Sanders,  Sumner,  Stephens,  Tay- 
lor, Yerger  and  Young — 13. 

Nays — Mr.  President,  Messrs.  Anderson,  Aldridge,  Barks- 
dale,  Baldwin,  Backstrom,  Booth,  Brantley,  Brooke,  Beene, 
Berry,  Bullard,  Bookter,  Clayton,  of  Marshall,  Clayton,  of 
Lowndes,  Catchings,  Colbert,  Clapp,  0.  Davis,  J.  S.  Davis, 
Dease,  Douglas,  Dyer,  Deason,  Eckford,  Farrar,  Fizer,  Fon- 


35 

taine,  Glenn,  Gibson,  Gwin,  Harris,  Hill,  Holt,  Isom,  John- 
ston, of  De  Soto,  Jones,  Keirn,  Keith,  Kennedy,  King,  Lea, 
Lamar,  Lewers,  Lewis,  Mayson,  McGhee,  of  Bolivar, 
McGhee,  of  Panola,  Miller,  of  Pontotoc,  Miller,  of  Tunica, 
Neely,  Nelson,  Orr,  Pattison,  Powell,  of  Covington,  Powell, 
of  Jones,  Rogers,  Semmes,  Terral,  Tison,  Thompson,  Vaughn, 
Witty,  Winchester,  Wilkinson,  Woods  and  Wright — 66. 

Mr.  Rogers  offered  an  Ordinance  entitled,  an  Ordinance 
to  ratify  the  Constitution  of  the  Confederate  States  of 
America,  adopted,  March  11th,  1861,  as  a  substitute  for  the 
report  of  the  majority  committee. 

On  motion  of  Mr.  Clapp  the  amendment  was  laid  on  the 
table,  upon  a  call  of  the  yeas  and  nays,  as  follows  : 

Yeas — Mr.  President,  Messrs.  Anderson,  Baldwin,  Back- 
strom.  Booth,  Brantley,  Berry,  Bullard,  Bookter,  Clayton, 
of  Marshall,  Clayton,  of  Lowndes,  Catchings,  Clapp,  0. 
Davis,  Dease,  Douglas,  Dyer,  Deason,  Eckford,  Farrar,  Fizer, 
Fontaine,  George,  Glenn,  Gibson,  Gwin,  Hill,  Holt,  Isom, 
Jones,  Keirn,  Keith,  Lea,  Lamar,  Lewis,  Mayson,  McGhee, 
of  Bolivar,  Miller,  of  Pontotoc,  Miller,  of  Tunica,  Neely, 
Nelson,  Orr,  Pattison,  Powell,  of  Covington,  Powell,  of 
Jones,  Semmes,  Terral,  Thompson,  Vaughn,  Witty,  Win- 
chester, Wilkinson  and  Woods — 53. 

•  Nays — Messrs.  Beene,  Blair,  Bonds,  Cummings,  Colbert, 
J.  S.  Davis,  Denson,  Flourney,  Gholson,  Herring,  Johnston, 
of  De  Soto,  Kennedy,  King,  Lewers,  Marshall,  McGhee,  of 
Panola,  Rogers,  Reynolds,  Sanders,  Sumner,  Stephens,  Tison, 
Taylor,  Wood,  of  Attala,  Wright,  Yerger  and  Young— 27. 

No  other  amendments  being  offered,  on  motion  of  Mr. 
Glenn,  the  report  of  the  majority  committee  was  agreed  to. 

Mr.  Glenn  moved  that  the  Ordinance  reported  by  the 
committee  be  considered  as  engrossed  and  put  upon  its  pas- 
sage, which  was  decided  in  the  affirmative. 

The  q<iestion  was  then  taken  on  the  passage  of  the  Ordi- 
nance and  decided  in  the  affirmative,  by  yeas  and  nays  as 
follows  :  $ 

Yeas — Mr.  President,  Messrs.  Anderson,  Aldridge,  Barks- 
dale,  Baldwin,  Backstrom,  Booth,  Brantley,  Brooke,  Beene, 
Blair,  Berry,  Bonds,  Bullard,  Bookter,  Clayton,  of  Marshall, 
Clayton,  of  Lowndes,  Catchings,  Colbert,  Clapp,  0.  Davis, 
J.  S.  Davis,  Dease,  Denson,  Douglas,  Dyer,  Deason,  Eckford, 
Edwards,  Farrar,  Fizer,  Fontaine,  George,  Glenn,  Gibson, 
C— 8 


36 

Gholson,  Gwin,  Harris,  Herring,  Hill,  Holt,  Isom,  Johnston, 
of  De  Soto,  Jones,  Keirn,  Keith,  Kennedy,  King,  Lea,  La- 
mar, Lewers,  Lewis,  Mayson,  McGhee,  of  Bolivar,  McGhee, 
of  Panola,  Miller,  of  Pontotoc,  Miller,  of  Tunica,  Neely, 
Nelson,  Orr,  Parker,  Pattison,  Powell,  of  Covington,  Pow- 
ell, of  Jones,  Rogers,  Semmes,  Smart,  Terral,  Tison,  Taylor, 
Thompson,  Vaughn,  Witty,  Winchester,  Wilkinson,  Woods, 
Wright  and  Young--78, 

Nays — Messrs.  Cumraings,  Marshall,  Reynolds,  Sandere, 
Stephens,  Wood,  of  Attala,  and  Yerger — 7. 

Ordered  that  the  title  stand  as  stated. 

On  motion  of  Mr.  Brooke,  the  President  was  -requested 
to  telegraph  the  action  of  the  Convention  upon  the  ratifica- 
tion of  the  Constitution,  to  Major  General  Cluirles  Clark, 
at  Mobile,  President  Jefferson  Davis  and  Hon. Ja- 
meson, President  of  the  Convention  of  the  State  of  South 
Carolina. 

Previous  to  the  Convention  proceeding  to  take  the  vote 
upon  the  various  propositions  submitted  for  the  ratification 
of  the  Constitution,  Mr.  Glenn  stated  that  Mr.  Hurst  and 
Mr.  Parker  had  agreed  to  pair  off,  and  not  vote  upon  any 
of  the  propositions,  except  the  Ordinance  reported  by  the 
majority  committee. 

The  President  communicated  to  the  Convention  a  dispatch 
from  Major  General  Charles  Clark,  at  Mobile,  that  .the  res- 
olutions of  the  Convention,  in  relation  to  the  Mississippi 
Volunteers  had  been  received  and  would  be  read  to  the 
troops. 

Mr.  Barksdalc  from  the  committee  on  Enrolled  Ordinan- 
ces reported  that  they  had  examined  an  Ordinance  supple- 
mental to  an  Ordinance  entitled,  an  Ordinance  to  raise 
means  for  the  defense  of  the  State,  adopted  the  26th  day  of 
January,  A.  D.  1861  ;  An  Ordinance  to  adopt  and  ratify  the 
Constitution,  adopted  by  the  Convention,  at  Montgomery, 
Alabama,  and  found  the  same  correctly  enrolled. 

On  motion  of  Mr.  Jones,  of  Sunflower,  the  Convention 
adjourned  until  three  o'clock,  p.  m. 


THREE  0  CLOCK,   P.   M. 


The  Convention  met  pursuant  to  adjournments 

Mrv  Clapp  offere4  the  followine  resolution  which  wa-S 


37 

Resolved,  That  the  President  of  the  Convention  be  and 
he  is  hereby  instructed  upoM  the  final  adjournment  of  this 
body,  to  issue  certificates  in  favor  of  Hons.  H.  W.  Walter. 
Samuel  Benton,  James  R.  Chalmers  and  Israel  Wolsli,  for 
such  sums  respectively  as  their  mileage  and  per  diem,  during 
the  present  called  session  would  amount  to,  they  being  del- 
egates to  this  Convention,  whose  absence  is  occasioned  by 
their  respose  to  the  call  of  tlie  State  Executive  for  volun- 
teer troops,  to  be  placed  at  the  disposal  of  the  (Tovei-nment 
of  the  Confederate  States. 

Leave  of  abseiu^,e  was  granted  Mr.  Yerger. 

Mr.  Holt  presented  resolutions  authorizing  the  Governor 
to  loan  to  the  s(?veral  counties,  deficient  in  a  supply  of  corn, 
a  sufficient  amoujit  in  Treasury  notes  to  meet  theii-  actual 
necessities  under  certain  provisions  therein  mentioned. 

On  his  motion  the  resolutions  were  referred  to  the  com- 
mittee raised  on  yesterday  upon  WiQ  same  subject. 

Mr.  Gholson  offered  the  following  resolution,  and  moved 
its  adoption,  to-wit : 

.Resolved,  That  a  committee  of  be  appointed  with 

instructions  to  report  an  Ordinance  to  divide  the  State  of 
Mississippi  into  seven  Congressional  districts. 

The  question  was  taken  on  the  adoption  of  the  resolution 
and  decided  in  the  negative. 

On  motion  of  Mr.  Glenn,  the  resolution  authorizing  the 
judges  of  the  various  circuit  courts,  of  this  State,  as  well  as 
the  justices  of  the  peace  to  suspend  the  sessions  of  their 
tribunals  as  to  the  trial  of  civil  and  chancery  cases  in  court 
during  the  spring  and  summer  of  the  present  year,  was  call- 
ed from  the  tabic. 

Mr.  Orr  offered  the  following  amendment  as  a  substitute 
for  the  resolution  : 

Resolved,  That  the  resolution  be  referred  to  a  committee 
of  five,  with  instructions  to  inquire  into  the  expediency  of 
suspending  the  enforcement  of  decrees,  judgments,  execu- 
tions, mortgages  and  deeds  of  trust  for  nine  months. 

Mr.  Anderson  moved  to  lay  the  original  resolution  on  the 
table,  which  was  lost. 

Mr.  Orr,  by  leave  of  the  Convention,  withdre\^  his  amend- 
ment. 

The  question  was  then  taken  on  the  adoption  of  Mr. 
Glenn's  resolution  and  decided  in  the  negative,  by  yeas  and 
nays  as  follows : 

TEAS'—Mossrs/Brautly,  Brooke^  Blair,  Colbert,  Deasou, 


38 

Deason,  Flourney,  Glenn,  Gholsc>n,  Harris,  Keith,  King, 
McGhee,  of  Bolivar,  Miller,  of  Po.n  to  toe,  Miller,  of  Tunica, 
Neely,    Orr,    Parker  and  Vaughn- -19 

Nays — Mr.  President,  Messrs.  Anderson,  Aldridge, 
Barksdale,  Baldwin,  Backstrom,  Bo^oth,  Beene,  Bonds,  Bul- 
lai'd.  Clayton,  of  Lowndes,  Cummijigs,  Clapp,  0.  Davis, 
Dea -e.  Dyer  Eckford,  George,  Gibson,  Gwin,  Holt,  John- 
ston, of  lie  Soto,  Jones,  Keirn,  Kennedy,  Lea,  Lewers,  La- 
raar,  Lewis,  Marshall,  Mayson,  McGhee,  of  Panola,  Nelson, 
Pattison,  Reynolds,  Saaders,  Semmes,  Sumner,  Stephens, 
Tisou,  Taylor,  Thompson.  Witty,  Wilkin8on,Woods,Wright, 
and  Young — 46. 

Mr.  Fontaine  introduced  an  Ordinance  to  suspend  actions 
for  the  collection  of  certain  debts,  which  was  read  the  first 
and  second  times  under  a  suspension  of  tke  rule. 

Mr.  Brooke  ofiered  .tlie  following  amendment,  which  was 
adopted,  to-wit  : 

Provided.  That  no  merchant  who  avails  himself  of  the 
benefits  of  thi^  Ordinance  shall  be  permitted  to  dun  or  sue 
a  custonit.'.r  for  any  debt  for  goods  purchased  or  bought  from 
the  creditor  whose  debt  lie  seeks  to  avoid. 

On  motion  of  Mr.  0.  Davis,  the  Ordinance  and  amend- 
ment was  laid  on  the  table. 

Mr.  Deason  from  the  comndttee  of  three,  to  whom  was  re- 
ferred a  resolution  in  relation  to  reporting  an  Ordinance  for 
the  relief  of  the  poor  of  the  State,  reported  an  Ordinance 
entitled,  *'  an  Ordinance  ,  to  relieve  the  destitation  of  the 
people  of  the  State  of  Mississippi,"  with  a  recommendation 
that  it  do  pass,  w^hich  was  received  and  agreed  to  and  the 
Ordinance  read  the  first  time. 

On  his  motion  the  rule  was  suspended  and  the  Ordinance 
read  a  second  time. 

Mr.  Harris  ofiered  the  following  amen^dment  which  was 
adopted,  to-wit : 

That  the  Boards  of  Police  of  the  several  counties  who 
may  receive  money  under  this  Ordinance,  be  and  they  are 
hereby  authorized  and  required  to  levy  a  special  tax  for  the 
payment  of  the  same. 

Mr-  Aldridge  moved  to  amend  by  etrikimg  out  the  third 
section,  which  was  lost. 

On  motion  of  ^Ir.  Clapp  the  Ordinance  was  recommitted 
to  the  same  committee. 

On  motion  of  Mr.  Dease,  Mr.  Clapp  was  added  to  the 
committee. 


39 

Mr.  Aldridge  introduced  an  Ordinance  in  relation  to 
lands  in  the  State  of  Mississippi,  belonging  to  Indian  or- 
phans, which  was  read  the  first  time. 

On  his  motion  the  rule  was  suspended  and  tlie  Ordinance 
adopted. 

Mr.  Glenn  offered  the  following  resolutions  which  were 
adopted,  to-wit : 

Resolved,  That  E.  P.  Russell,  Secretary  of  the  Conven- 
tion, be  allowed  the  sum  of  fifty  dollars,  for  services  render- 
ed in  revising  and  correcting  the  journals  of  the  Convention 
held  in  January  last,  to  be  paid  for  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated  on  the  warrant  of  the 
Auditor  of  Public  Accounts. 

Resolved,  furtJicr,  That  he  be  allowed  three  days  after 
the  adjournment  of  the  Convention  to  complete  the  duties 
assigned  him,  and  that  he  be  allowed  the  compensation  fixed 
by  law,  to  be  paid  for  out  of  any  money  in  the  Treasury  not 
otherwise  appropriated,  on  the  warrant  of  the  Auditor  of 
Public  Accounts. 

Mr.  0.  Davis  introduced  an  Ordinance  to  confer  certain 
powers  on  the  Legislature,  which  was  read  the  first  time. 

On  motion  of  Mr.  Anderson  the  Ordinance  was  laid  on 
the  table. 

On  motion  of  Mr.  George, 

Resolved,  That  the  committee  on  the  State  Constitution 
be  instructed  to  inquire  into  the  expediency  of  requiring  all 
State,  County  and  District  Ofiicers  of  this  State,  and  all 
members  of  the  bar,  to  take  an  oath  to  support  the  Consti- 
tution of  the  Confederate  States  of  America,  and  that  they 
report  by  Ordinance  or  otherwise. 

Mr.  Dyer  introduced  an  Ordinance  to  amend  an  Ordi- 
nance entitled,  an  Ordinance  to  amend  the  Constitution  of 
this  State  in  certain  particulars,  adopted,  January  26,  1861, 
which  was  read  a  first  and  second  time  under  a  suspension 
of  the  rule,  and,  on  motion  of  Mr.  Stephens  referred  to  the 
committee  on  State  Constitution. 

On  motion  of  Mr.  Jones,  of  Sunflower,  the  Convention 
adjourned  until  nine  o'clock  to-morrow  morning. 


SATURDAY,  March  ^th,  J  86 1 

The  Convention  met  pursuant  to  adjournment. 
The  Journal  of  yesterday  was  read  and  approved. 
C—IO 


40 

Mr.  Barksdal^  made  the  following  report : 

Mr.  President  : — 

The  committee  on  Enrolled  Ordinances  have  examined 
and  found  correctly  enrolled,  an  Ordinance  in  relation  to 
lands  in  the  State  of  Mississippi  belonging  to  Indian  Or- 
phans ;  Also,  resolutions  in  relation  to  the  Secretary 
of  the  Convention. 

Leave  of  absence  was  granted  Messrs.  Backstrom,  Bui- 
lard  and  Denson. 

Mr.  Brooke  introduced  an  Ordinance  in  reference  to  the 
Marine  Hospital,  at  Vicksburg,  whicli  wa^s  read  the  first 
and  second  time  under  a  suspension  of  the  rule. 

On  his  motion  the  Ordinance  was  considered  as  engross- 
ed read  the  third  time  and  passed,  with  title  as  stated. 

Mr.  Miller  from  the  committee  on  State  Constitution  re- 
ported an  Oi'dinance  to  amend  the  constitution  of  the  State 
of  Mississippi,  in  several  particulars,  and  recommended  its 
passage,  which  was  received  and  agreed  to,  and  the  Ordi- 
nance read  the  first  and  second  times  under  a  suspension  of 
the  rule. 

On  his  motion  the  Ordinance  was  considered  as  engross- 
ed, read  the  third  time  and  passed,  with  title  as  stated. 

Mr.  Orr  introduced  an  Ordinance  to  amend  an  Ordinance 
entitled,  an  Ordinance  to  regulate  the  Military  system  of 
the  State  of  Mississippi,  which  was  read  the  first  and  sec- 
ond time  under  a  suspension  of  the  rule. 

On  his  motion,  the  rule  was  further  suspended  and  the 
Ordinance  read  a  third  time. 

^  The  question  was  then  taken  on   the  passage  of  the  Or- 
dinance and  decided  in  the  negative. 

Mr.  Clapp  from  the  select  committee  to  whom  was  re- 
ferred a  resolution  in  relation  to  the  destitution  of  the  poor 
in  certain  portions  of  the  State,  reported  an  Ordinance  for 
the  relief  of  certain  counties  of  this  State  and  recommend- 
ed its  passage,  which  was  received  and  agreed  to,  and  the 
Ordinance  read  the  first  time. 

On  his  motion  the  rule  was  suspended  and  the  Ordinance 
read  the  second  time. 

On  his  further  motion  the  Ordinance  was  considered  as 
engrossed  and  read  the  third  time. 

The  question  was  then  taken  on  the  passage  of  the  Or- 
dinance and  decided  in  the  affirmative  upon  a  call  of  the 
yeas  and  nays,  as  follows  : 


41 

YEAS-Mr.  President,  Messrs.  Barksdale,  Baldwin,  Booth, 
Brantley,  Brooke,  Bonds,  Bookter,  Clayton,  of  Marshall, 
Catchings,  Clapp,  0.  Davis,  Dease,  Denson,  Douglas,  Dyer, 
I  'eason,  Eckford,  George,  Glenn,  Gibson,  Gholson,  Gwin, 
Harris,  Holt,  Isoin,  Johnston,  of  De  Soto,  Jones,  Keirn, 
Keith,  Kennedy,  Lea,  i^amar,  Lewers,  Mayson,  McGhee, 
of  Bolivar,  McGhee,  of  Panola,  Miller,  of  Pontotoc,  Miller, 
of  Tunica,  Neely,  Nelson,  Orr,  Parker,  Powell,  of  Cov- 
ington, Powell,  of  Jones,  Rogers,  Sanders,  Stephens,  Ter- 
ral,  Taylor,  Thompson,  Witty,  Woods,  Wood,  of  Attala, 
Wright  and  Youn^ — 56. 

Nays — Messrs.  Backstrom,  Beene,  Clayton,  of  Lowndes, 
Colbert,   Fontaine,  Sumner  and   Tison — 7. 

On  motion  of  Mr.  Clapp,  so  much  of  the  communication 
from  tlie  Governor,  received  on  yesterday,  as  relates  to 
Military  aflfairs,  was  referred  to  the  Military  committee. 

Mr.  Harris  introduced  an  Ordinance  to  alter  and  modify 
the  Ordinance  entitled  an  Ordinance  concerning  the  juris- 
diction and  property  of  the  United  States  of  America  in 
the  State  of  Mississippi,  which  was  read  a  first  and  second 
time  under  a  suspension  of  the  rule. 

On  his  motion  the  rule  was  further  suspended,  the  Ordi- 
nance considered  as  engrossed  and  read  the  third  time. 

The  question  was  then  taken  on  the  passage  of  the  Or- 
dinance and  decided  in  the  affirmative. 

On  motion  of  Mr.  George,  the  Ordinance  in  relation  to 
judgments  and  decrees  heretofore  rendered,  and  suits  pend- 
ing in  the  United  States  Court,  lately  existing  in  this  State 
and  the  records  tliereof,  was  called  up  and  read  the  second 
time. 

On  motion  of  Mi-.  0.  Davis  the  Ordinance  was  laid  on 
the  table. 

Mr.  Glenn  introduced  ah  Ordinance  to  provide  for  the 
appointment  of  electors  of  President  and  Vice  President 
of  the  Confederate  States,  which  was  read  the  first  time. 

On  his  motion  the  rule  was  suspended  and  the  Ordinance 
read  the  second  time. 

On  his  further  motion  the  Ordinance  was  considered  as 
engrossed,  read  the  third  time  and  passed,  with  title  as 
stated. 

Mr.  Gibson  introduced  an  Ordinance  for  the  regulation 
of  the  militia  of  the  State,  which  was  read  the  first  time 
and,  on  motion  of  Mr.  Tison,  laid  on«the  table. 

Mr.  Jones,  of  Sunflower,  iptroduced  an   Ordinance  au- 
C— 11 


4& 

thorizing  the  investment  of  trust  funds  in  the  public  secu- 
rities of  the  State  of  Mississippi,  or  of  the  Confederate 
States,  which  was  read  the  first  and  second  times  under  a 
suspension  of  the  rule. 

On  motion  of  Mr.  Fontaine  the  Ordinance  was  laid  on 
the  table. 

The  chairman,  Mr.  Gholson,  presented  the  following 
communication : 

Jackson,  Mississippi,  March  30th,  1861. 
Hox\.  W.  S.  Barry, 

Sir:  Enclosed  in  parcel  please  find  an  enlarged  photo- 
graph of  the  State  Seal,  or  Coat  of  Arms.  Knowing  that 
it  was  not  adopted  and  that  it  perhaps  would  be  forgot,  I 
take  the  liberty  of  sending  it  to  you  for  the  inspection  of 
the  Convention,  with  a  description  or  explanation  of  the 
same.      All  of  which  is  respectfully  submitted, 

M.  L.  CARLISLE. 

The  Magnolia  represents  the  beauty  of  the  State  in 
which  the  bird  of  liberty  has  chosen  to  build  her  nest,  and 
rear  her  young.  The  nest  is  cautiously  approached  by  a 
serpent,  which,  without  molestation  has  been  tolerated  to 
obtain  a  position  whereby  he  imagines  to  make  an  easy  con- 
quest of  his  prey,  and  is  in  the  attitude  of  striking  the  fatal 
blow,  when  the  mother,  ever  watchful,  and  seeing  the  actu- 
al danger  of  her  young,  seizes  the  serpent  in  her  talons. 
The  serpent  being  represented  as  writhing  in  the  agonies 
of  death— a  just  retribution  for  his  temerity.  And  so  with 
the  South  ;  she  had  tolerated  the  serpent  until  it  became 
dangerous  to  her  peace  and  prosperity,  when  her  future 
safety  prompted  the  fatal  blow  that  leaves  liim  powerless 
in  her  grasp. 

The  cotton,  the  plow  and  steamer  represents  wealth,  ag- 
riculture and  commerce»  while  the  citizen  soldier,  arms  and 
fortifications  represent  our  defences. 

Mr.  Orr  offered  the  following  resolution,  which  was 
adopted,  to-wit : 

Besolvpd,  That  the  Stale  of  Mississippi  hereby  subscribes 
for  five  hundred  copies  of  the  proceedings,  debates,  etc.,  of 
the  first  session  of  this  Convention,  as  published  by  J.  L, 
Power  ;  provided^  that  he  add  thereto  the  proceedipgs  and 
Ordinances  of  this  session,  and  the  debates  in  full  on  the 
ratification  of  the  permanent  Constitution  of  the  Confed- 
erate States  of  America.  Jind,  provided  further,  That 
the  cost  of  each  volume  shall  not  exceed  one  dollar  ami 
fifty  cents  ;  and  when  the  said  work  is  published,  one  copy 


43 

shall  be  seiit  to  each  member  of  this  Convention,  and  the 
balance  delivered  to  tlie  Secretary  of  State,  fifty  copies  to 
be  preserved  in  his  office,  and  the  balance  to  be  distributed 
among  the  several  courts  of  this  State,  and  na  the  certifi- 
cate of  the  Secretary  of  State  that  the  terms  of  this  reso- 
lution have  been  complied  with,  the  Auditor  shall  issue  \\]^ 
warrant  in  behalf  of  the  said  J.  L.  Power. 

Mr.  Catchings  introduced  an  Ordinance  to  abrogate  and 
annul  the  first  and  second  sections  of  an  Ordinance,  adop- 
ted on  the  26th  day  of  January,  1861,  entitled,  an  Ordi- 
nance to  provide  for  the  representation  of  the  State  ol 
Mississippi  in  the  Congress  of  the  Southern  Confederacy, 
which  was  read  the  first  and  second  time  under  a  suspen- 
sion of  the  rule. 

Mr.  Catchings,  by  leave,  withdrew  the  Ordinance,  where- 
upon Mr.  George  introduced  an  Ordinance  appointing  A. 
M.  Clayton,  W.  S.  Barry,  J.  A.  P.  Campbell,  W.  Brooke, 
W.  P.  Harris  and  Jas.  T.  Harrison,  representatives  or  del- 
egates from  this  State  in  the  provisional  Congress  of  the 
Confederate  States  of  America,  which  was  rc^d  the  first. 
and  second  time  under  a  suspension  of  the  rule. 

Mr.  Dyer  ofiered  the  following  amendment : 

Amend  by  striking  out  of  the  second  section  the  words 
''viva  voce,^^  and  insert  in  lieu  thereof  the  words  "by  ballot," 
which  was  adopted. 

Mr.  Aldridge  offered  the  following  amendment,  amend 
by  way  of  additional  section  as  follows  ; 

Section  3.  Be  it  further  Ordained,  That  we  cordially  ap- 
prove and  endorse  the  action  of  our  delegates  at  Montgom- 
ery. 

Which  was  adopted. 

On  motion  of  Mr.  George,  the  rule  was  further  suspended 
and  the  Ordinance  read  the  third  time. 

The  question  was  then  taken  on  the  passage  of  the  Or- 
dinance as  amended,  and  decided  in  the  affirmative. 

Ordered  that  the  title  stand  as  stated. 

Mr.  Clapp  introduced  an  Ordinance  to  provide  a  coat  of 
arms  and  a  flag  for  the  State  of  Mississippi,  which  was 
read  the  first  and  second  time  under  a  suspension  of  the 
rule. 

On  his  motion  the  rule  was  further  suspended,  ^e  Ordi- 
nance considered  as  engrossed  and  read  the  third  nme. 

The  question  was  then  taken  on  the  passage  of  the  Ordi- 
nance and  decided  in  the  affirmative. 

Ordered  that  the  title  stand  as  stated. 
C— 12 


44 

Mr.  George  introduced  an  Ordliiauce  to  define  the  pow- 
er of  the  Legislature  of  this  State  in  relation  to  the  Ordi- 
nances and  resolutions  adopted  bv  this  Convention,  which 
was  read  the  first  time. 

On  liis  motion  the  rule  was  suspended,  ilic  Ordinance 
read  the  second  time  and  referred  to  the  committor  on  ?^tato 
Constitution. 

On  motion  of  Mr.  Jones,  of  Sunflower,  the  committee  ad- 
journed until  3  o'clock,  P.  M. 


THREE  0  Clock,  p.  m. 

The  Convention  met  pursuant  to  adjournment. 

Mr.  George  offered  the  following  resolution  whicli  Avas 
adopted,  to-wit : 

Resolved,  That  it  is  the  sense  of  this  Convention  that  the 
government  under  the  permanent  Constitution  of  the  Con- 
federate States,  should  be  organized  and  put  into  operation 
at  as  early  a  period  as  practicable  and  consistent  with  the 
public  safety,  and  that  the  delegates  of  this  State  to  the 
Provisional  Congress  be  requested  to  urge  the  policy  indi- 
cated by  this  resolution  upon  that  body. 

Ml*.  Wood,  of  Attala,  offered  the  following  resolution, 
which  was  lost,  to-wit : 

Resolved,  That  M.  L.  Carlisle,  who  kindly  presented  to 
this  Convention  an  imperial  size  photograph  of  the  State 
seal  of  Mississippi,  be  granted  the  exclusive  right  to  pho- 
tograph or  lithograph  the  same,  as  modified  by  resolution 
of  this  body.  Provided,  that  this  shall  not  interfere  with 
the  right  of  any  officer  of  this  State  to  use  said  seal  in  offi- 
cial business. 

On  motion  of  Mr.  Harris  the  Ordinance  to  repeal  the 
Ordinance  entitled,  an  Ordinance  to  regulate  the  Military 
system  of  the  State  of  Mississippi,  and  an  Ordinance  to 
raise  means  for  the  defense  of  the  State,  was  called  up. 

Mr.  Harris  moved  the  adoption  of  the  Ordinance. 

On  motion  of  Mr.  George,  the  Ordinance  was  laid  on  the 
table. 


45 

The  chairman,  Mr.  Gholson,  presented  the  following  com- 
munication from  the  Hon.  J«L.  Alcorn  : 

Friar's  Point,   Miss.,  March  25,  1861. 
Hon.  W.  S.  Barry, 

President  of  Mississippi  Convention: 

Jackson,  Mississippi. 
•Sir:  1  regret  that  serious  indisposition,  whereby  I  have 
been  confined  to  my  room  for  the  past  four  days,  denies 
me  the  pleasure  and  privilege  of  attending  the  called  ses- 
sion of  the  Convention.  Be  kind  enough  to  inform  the 
Convention.  Very  respectfully, 

Your  obedient  serv't, 

J.  L.  ALCORN. 

Mr.  Miller  from  the  committee  on  State  Constitution,  to 
whom  was  .referred  an  Ordinance  to  define  the  power  of 
the  Legislature  of  this  State  in  relation  to  the  Ordinances 
and  resolutions  adopted  by  this  Convention,  reported  the 
same  back  to  the  Convention  with  a  recommendation  that 
it  do  pass,  which  was  received  and  agreed  to. 

On  motion  of  Mr.  George  the  rule  was  suspended  the 
Ordinance  read  the  third  time  and  passed,  with  title  as 
stated. 

Mr.  Anderson  introduced  an  Ordinance  making  certain 
appropriations  therein  named,  which  was  read  the  first  time. 

On  his  motion  the  rule  was  suspended,  the  Ordinance 
read  the  second  and   third  time  and  passed. 

Ordered,  that  the  title  stand  as  stated. 

Mr.  Marshall  introduced  an  ordinance  supplemental  to 
an  Ordinance  entitled,  an  Ordinance  to  raise  means  for  the 
defense  of  the  State,  adopted  January  26th,  1861,  which 
was  read  the  first  time. 

Mr.  Anderson  moved  to  lay  the  Ordinance  on  the  table, 
which  was  decided  in  the  affirmative,  upon  a  call  of  the 
yeas  and  nays,  as  follows  : 

Yeas — Mr.  President.  Messrs.  Anderson,  Aldridge, 
Barksdale,  Booth,  Brantly,  Bonds,  Cla>ton,  of  Marshall, 
Clayton,  of  Lowudes,  Colbert,  Clapp,  0.  Davis,  Dease, 
D\  er,  Deason,  Fonraiiie.  GoorL^e,  Gibson.  Harris,  H«)lt,Ip<»ui, 
Johnston,  of  De  Soto.  Jones.  Kciin,  Kcitli.  K(  nii('<l\,  Loa, 
L'Unar,  Lewers,  Lewi-.  Mays'  n.  M<  Ghe^-  of  B<»livai-, 
McGPhee,  of  Panola,  Miller,  of  Pon'otoc,  Miller,  of  Tu- 
nica, Neely,  Nelson,  Pattison,  Sanders,  Sumner,  Taylor, 
Witty,  Woods  and  Wright-  44. 


46 

Nays — Messrs.  Baldwin,  Brooke,  Beene,  Gholson,  Mar* 
shall,  Orr,  Rogers,  Reynolds,  Stephens,  Tison,  Thompson, 
Wood,  of  Attala,  and  Young — 13. 

On  motion  of  Mr.  Holt  the  Convention  proceeded  to  the 
election  of  delegates  to  the  Montgomery  Convention,  to  fill 
the  vacancy  occasioned  by  the  resignation  of  the  Hon.  W. 
S.  Wilson. 

Mr.  Holt  nominated  the  Hon.  D.  C.  Glenn. 

Mr.  George  nominated  the  Hon.  J.  A.  Orr. 

The  chairman  appointed  Messrs.  Holt  and  Beene  to  act 
as  tellers. 

Upon  counting  the  votes,  Mr.  Glenn  received  22  votes  ; 
Mr.  Orr  received  27  votes  ;  Scattering,  2  votes. 

Mr.  Orr  having  received  a  majority  of  all  the  votes  cast 
was  declared  elected. 

Mr.  Thompson  offered  a  resolution  authorizing  the  Audi- 
tor of  Public  Accounts  to  issue  duplicate  warrants  to  W. 
F.  Huggins,  assessor  of  the  County  of  Chickasaw,  and  to 
Thomas  M.  Blackwell,  Clerk  of  the  Circuit  Court  of  said 
county,  to  an  amount  not  exceeding  the  sum  of  two  hun- 
dred dollars  each. 

Mr.  Miller  moved  to  lay  the  resolution  on  the  table  which 
was  lost. 

The  question  was  then  taken  on  the  adoption  of  the  res- 
olution and  decided  in  the  affirmative. 

On  motion  of  Mr.  Tison, 

Resloved,  That  the  thanks  of  this  Convention  be  and  are 
hereby  tendered  to  the  Hon.  W.  S.  Barry,  for  the  dignified, 
able  and  courteous  manner,  in  which  he  has  presided  over 
the  deliberations  of  this  body. 

On  motion  of  Mr.  Anderson, 

Resolved,  That  the  provisions  of  an  Ordinance,  adopted, 
January,  26,  1861,  of  this  Convention,  for  the  publication 
of  the  Ordinances  and  Journals,  shall  be  applied  to  the 
publication  of  the  Journal  and  Ordinances  of  this  session. 

On  motion  of  Mr.  Tison, 

Resolved,  That  the  thanks  of  this  Convention  be  and  are 
hereby  tendered  to  E.  P.  Russell,  Secretary  of  the  Conven- 
tion, and  Robt.  C.  Miller,  Assistant  Secretary,  for  the  able 
and  very  efficient  manner  in  which  they  have  discharged 
their  respective  duties. 

Mr.  Fontaine  introduced  an  Ordinance  to  authorize  the 
Governor  of  the  State  of  Mississippi  to  transfer  volunteers  - 
to  the  service  of  the  Government  of  the  Confederate  States, 


47 

which  was  read  the  first  and  second  time  under  a  suspen- 
sion of  the  rule. 

Mr.  Lamar  moved  to  lay  the  Ordinance  on  the  table, 
which  was  lost. 

On  motion  of  Mr.  Fontaine,  the  rule  was  suspended,  the 
Ordinance  read  the  third  time  and  passed,  with  title  as 
stated. 

On  motion  of  Mr.  Harris, 

Resolved,  That  Mr.  J.  L.  Power  be  allowed  the  sum  of  four 
dollars  per  day  during  the  session  of  this  Convention  for 
the  reports  of  its  proceedings  which  have  appeared  in  the 
Daily  Mississippian. 

Mr.  Barksdale  made  the  following  report : 

Mr.  President  : — 

The  Committee  on  Enrolled  Ordinances  have  examined 
and  found  correctly  enrolled,  an  Ordinance  appointing  A. 
M.  Clayton,  W.  S.  Barry,  J.  A.  P.  Campbell,  W.  Brooke, 
W.  P.  Harris,  and  Jas.  T.  Harrison,  representatives  or 
delegates  from  this  State  in  the  Provisional  Congress  of 
the  Confederate  States  of  America  ;  an  Ordinance  to  pro- 
vide a  Coat  of  Arms  and  Flag  for  the  State  of  Mississippi, 
an  Ordinance  to  define  the  power  of  the  Legislature  of  this 
State  in  relation  to  the  Ordinances  ai.d  resolutions  adopted 
by  this  Convention  ;  an  Ordinance  to  authorize  the  Gov- 
ernor of  the  State  of  Mississippi  to  transfer  volunteers  to 
the  service  of  the  Confederate  States  of  America  ;  an  Or- 
dinance to  provide  for  the  appointment  of  electors  for 
President  and  Vice  President  of  the  Confederate  States  of 
America  ;  an  Ordinance  making  certain  appropriations 
therein  named  ;  an  Ordinance  in  relation  to  the  Marine 
Hospital  at  Vicksburg  ;  an  Ordinance  to  alter  and  modify 
the  Ordinance  entitled,  an  Ordinance  concerning  the  juris- 
diction and  property  of  the  United  States  in  the  State  of 
Mississippi  ;  Resolution  in  relation  to  the  organization  of 
the  Government  under  the  Permanent  Constitution  of  the 
Confederate  States  ;  a  resolution  in  relation  to  the  publi- 
cation of  the  Journals  and  Ordinances  of  the  present  ses- 
sion of  the  Convention  ;  a  resolution  authorizing  the  Au- 
ditor of  Public  Accounts  to  issue  duplicate  warrants  to  W. 
T.  H\iggins  and  Thomas  M.  Blackwell ;  a  resolution  in  re- 
lation to  the  State  of  Mississippi  subscribing  for  five  hun- 
dred copies  of  the  proceeding,  debates,  &c.,  as  published 
by  J.  L.  Power. 

The  Convention  having  completed  the  business  before  it. 


48 

Mr.  Gibson  moved  that  the  Convention  adjourn  sine  die. 
Before  puttinof  the  motion  the  President  said  : 
Gentlemen  of  the  Convention:  I  take  tliis  occasion,  to  re- 
turn you  my  sincere  thanks  for  the  personal  kindness  and 
uniform  courtesy  which  you  have  extended  towards  me  in 
the  discharge  of  my  duties,  and  for  the  two  resolutions  ex- 
pressing your  approbation.  1  assure  you  that  I  profound- 
ly appreciate  these  evidences  of  esteem  ;  they  will  be  among 
the  proudest  recollections  of  my  life.  For  the  manner  in 
which  you  have  discharged  your  duties  and  consummated 
the  great  work  for  which  you  were  assembled,  the  people 
wiir  gratefully  remember  you,  and  for  the  final  result  I  am 
sure  no  man  here  need  blush  to  the  latest  moment  of  his 
life.  Again  thanking  you  gentlemen  of  the  Convention,  1 
now  declare  this  bodv  adjourned  sine  die. 

W.  S.  BARRY, 
E.  P.  Russell,  Secretary.  President. 


CONSTITUTION 


OF   THE 


STATE  OF  fflSSISSIPPI. 


Article    I.  Declaration  of  rights.       i  §    V.  Executive  Department :  militia. 
II.  Distribution  of  Powers,    j      VI.  Impeachments. 


III.  Legislative  Department.      VII.  General  provisions  ;  slaves. 

R''.  Judicial  Department.        j  Amending  Constitution;  schedule. 


ARTICLE  1. 

DECLARATION   OF   KI(U1T>. 

That  the  general,  greiit  and  essential  principles  of 

liberty  and  free  government  nmy  be  recognized 

and  established,  we  declare  : 

Section  1.    That  all  freemen,  when  they  form  a 
social  compact,  ai-e  equal  in  rights ;  and  "that  uo  ^^y 
men,  or  set  of  men,  are  entitled  to  exclusive,  sepa-^i  y|^^\^^ 
rate  public  emoluments  or  privileges  from  the  com- 
munity, but  in  consideration  of  public  services. 

Sec.  2.  That  all  political  power  is  inherent  in 
the  people,  and  all  free  governments  are  founded  on 
their  authority  and  established  for  their  beneiat ; 
and,  therefore"^,  they  have,  at  all  times,  an  inalien- 
able^and  indefeasible  right  to  alter  or  abolish  their 
form  of  government  in  such  manner  as  they  may 
think  expedient. 


n  CONSTITUTION  OF  MISSISSIPPI. 

Sec.  3.  The  exercise  and  enjoyment  of  religious 
profession  and  worship,  without  discrimination,  shall 
Religious  lorever  be  free  to  all  persons  in  tliis  State  :  Pro- 
worship,  vided,  That  the  right  hereby  declared  and  establish- 
ed shall  not  be  so  construed  as  to  excuse  the  acts 
of  licentiousness,  or  justify  practices  inconsistent 
with  the  peace  and  safety  of  the  State. 

Sec.  4.  No  preference  shall  ever  be  given  by 
law  to  any  religious  sect  or  mode  of  worship. 

Sec.  5.     That  no  person  shall  be  molested  for  liis 

opinions  on  any  subject  whatever,  nor  suffer  any 

civil  or  political  incapacity,  or  acquire  any  civil  or 

political  advantage  in  consequence  of  such  opinions, 

except  in  cases  provided  for  in  this  constitution. 

P    eed  ^^^*  ^'    ^^^^y  citizen  may  freely  speak,  write 

of^speec?  ^^^  publish  his  sentiments  on  all  subjects,  being 

*  responsible  for  the  abuse  of  that  liberty. 

Sec.  7.  No  law  shall  ever  be  passed  to  curtail 
or  restrain  the  liberty  of  speech  or  of  the  press. 

Sec.  8.  In  all  prosecutions  or  indictments  for 
libel,  the  truth  may  be  given  in  evidence  ;  and  if  it 
Truth  to  shall  appear  to  the  jury  that  the  matter  charged  as 
be  given  libelous  is  true,  and  was  published  with  good  motives 
mevidnce  ^^^  for  justifialDle  ends,  the  party  shall  be  acquitted; 
secutions'  ^^^  *^^^  J^^J  ^^^^^  ^^^"^^  ^^^^  right  to  determine  the 
for  libel,  law  and  the  facts. 

Sec.  9.  That  the  people  shall  be  secure  in  their 
persons,  houses,  papers  and  possessions,  from  unrea- 
sonable seizures  and  searches  ;  and  that  no  warrant 
to  search  any  place,  or  to  seize  any  person  or  thing, 
shall  issue  without  describing  the  place  to  be 
searched,  and  the  person  or  thing  to  be  seized,  as 
nearly  as  may  be,  nor  without  probable  cause,  sup- 
ported by  oath  or  affirmation. 

Sec.  10.    That  in  all  criminal  prosecutions,  the 
accused  hath  a  right  to  be  heard  by  himself,  or 
counsel,  or  both  ;  to  demand  the  nature  and  cause 
The  ^u-  ^^  ^YiQ  accusation ;  to  be  confronted  by  the  witnesses  * 
heard  and  against  him  ;  to  have  a  compulsory  process  for  ob- 
conyicted.  taining  witnesses  in  his  favor  ;  and,  in  all  prosecu- 
tions, by  indictment  or  information,  a  speedy  and 
public  trial  by  an  impartial  jury   of  the  country 
wjjpre  the  offence  was  committed  ;  that  he  cannot 
be  compelled  to  give  evidence  against  himself ;  nor  0 
can  he  be  deprived  of  his  life,  liberty  or  property, 
but  by  due  course  of  law. 


CONSTITTTION  OP  MISSISSIPPI.  51 

Sec.  11.  No  person  shall  be  accused,  arrested 
or  detained,  except  in  cases  ascertained  by  law,  and 
according  to  the  form  which  the  same  has  pre- 
scribed ;  and  no  person  shall  he  punished  but  in 
virtue  of  a  law  establislied  and  promulgat-ed  prior 
to  the  offence,  and  legally  applied. 

Sec.  12.     That  no  person  shall,  for  an  indicta- 
ble offence,  be  proceeded  against  criminally    by  P  r  oceed- 
information,  except  in  cases  arising  in  the  land  or  ings  in  in- 
naval  forces,  or  in  the  militia,  when  in  actual  ser-^i.^^^^^^ 
vice,  or  by  leave  of  the  court,  for  misdemeanor  in  ^  ^"^®^' 
office. 

Sec.  13.  No  person  shall,  for  the  same  offence, 
be  twice  put  in  jeopardy  of  life  or  limb  ;  nor  shall 
any  person's  property  be  taken  or  applied  to  public 
use  without  the  consent  of  the  Legislature,  and 
without  just  compensation  being  first  made  therefor. 

Sec.  14.     That  all  courts  shall  open,  and  every 
person,  for  an  injury  done  him  in  his  lands,  goods,' 
person  or  reputation,  shall  have  remedy  by  due 
course  of  law,  and  i*ight  and  justice  administered 
without  sale,  denial  or  delay. 

Sec.  15.  That  no  power  of  suspending  laws 
shall  be  exercised  except  by  the  Legislature  or  its 
authority. 

Sec.  16.     That  excessive  bail  shall  not  be  re- Excessive 
quired,  nor  excessive  lines  imposed,  nor  cruel  pun-  bail- 
ishment  inflicted. 

Sec.  17.     That  all  prisoners  shall,  before  con- 
viction,  be  bailable  by  sufficient  securities,  ^^^ept^V  *^ 
for  capital  offences,  where  the  proof  is  evident,  or  i^  ^  b  ea  s 
the  presumption  great ;  and  the  privilege  of  the  corpus,&c. 
writ  of  habeas  corpus  shall  not  be  suspended,  un- 
less, when  in  a  case  of  rebellion  or  invasiou,  the 
public  safety  may  require  it. 

Sec.  18.    That  the  person  of  a  debtor,  whcnw  hen 
there  is  not  strong  presumption  of  fraud,  shall  not  debtor  not 
be  detained  in  prison  after  delivering  up  his  estate  to.  ^  if^- 
for  the  benefit  of  his  creditors,  in  such  a  manner  as  pns^^^d. 
shall  be  prescribed  by  law. 

Sec.  19.  No  conviction  for  any  offence  shall 
worl^ corruption  of  blood  or  forfeiture  of  estate; 
the  Legislature  shall  pass  no  bill  of  attainder,  ex 
post  facto  law,  nor  law  for  impairing  the  oligation 
of  contracts. 


52  CONSTITUTION  OP  MISSISSIPPI. 

Sec.  20.     No  property  qualification  for  eligibil- 
ity to  office,  or  for  the  right  of  suffrage,  shall  ever 
be  required  by  law  in  this  State, 
rp.  Sec.  21.     That  the  estates  of  suicides  shall  de- 

lates of^^^^^  ^^'  ^'^^^  ^^  ^^^  cases  of  natural  death  ;  and  if 
suicides,    any  person  shall  be  killed  ])y  casuality,  tliere  shall 
be  no  forfeiture  ]iy  reason  thereof. 

Sec.  22.     That  the  citizens  have  a  riglit,  in  a 
The  right  Peaceable  manner,  to  assemble  together  for  their 
of  petition  common  good  ;  and  to  apply  to  those  invested  with 
the  powers  of  government  for  redress  of  grievan- 
ces, or  other  purposes,  by  petition,  address  or  re- 
monstrance. 
R  i  ght  to     ^^C-  23.     Every  citizen  has  a  right  to  bear  arms 
bear  arms  in  defence  of  himself  and  of  the  State. 

Sec.  24.  No  standing  army  shall  be  kept  up 
No  stand-  without  the  consent  of  the  Legislature  ;  and  the 
ing  army,  military  shall,  in  all  cases  and  at  all  times,  be  in 
except,&c  strict  subordination  to  the  civil  power. 

Sec.  25.     That  no  soldier  shall,  in  time  of  peace, 
•    be  quartered  in  any  house  without  the  consent  ol 
the  owner,  or  in  time  of  war,  l>ut  in  the  manner  to 
be  prescribed  by  law. 

Sec.  26.  That  no  hereditary  emoluments,  privi- 
leges or  honors  shall  ever  be  granted  or  conferred- 
in  this  State. 

Sec.  27.  Emigration  from  this  State  shall  not 
E  m  i  gra-  bc  prohibited,  nor  shall  any  .  free  white  citizen  of 
tion,  &;c.  |yg  State  ever  be  exiled  und^r  any  pretence  what- 
ever, 
T  r  i  al  by  ^^^'  '^^'  '^^^  right  of  trial  by  jm-y  shall  remain 
jury,        inviolate. 

Sec.  29»  No  person  shall  be  debarred  from  pro- 
PrQsecu-  secuting  or  defending  any  civil  cause  for  or  against 
t  i  o  n  0  f  him  or  herself,  before  any  tribunal  of  this  State,  by 
suits.        him  or  herself  or  counsel,  or  both. 

Sec.  30.     No  person  shall  ever  be  appointed  or 
Tenure  of  elected  to  any  office  in  this  State  for  life  or  during 
office.        good  behavor  ;  but  the  tenure  of  all  offices  shall 
be  for  some  limited  period  of  time,  if  the  person  ap- 
pointed or  elected  thereto  shall  '  so    long  behave 
well. 


CONSTITUTION  OF  MISSISSIPPI.  53 

CONCLUSION. 

To  guard  against  transgressions  of  the  liigli 
powers  heroin  delegated,  we  DECiiARE  that  every- 
thing in  this  article  is  excepted  out  of  tlie  general 
powers  of  government,  and  shall  forever  remain 
inviolate  :  and  tliat  all  laws  contrary  thereto,  or  to 
the  following  provisions,  shall  be  void  : 

ARTICLE  11. 

DISTIIIBUTION  OF   POWERS. 

Sec.  1.  The  powers  of  the  government  of  the 
State  of  Mississippi  shall  be  divided  into  three  dis-  D  istribu- 
tinct  departments,  and  each  of  them  confided  to  a*i<Ji^    ^^ 
separate  body  of  magistracy,  to-wit :  those  which  P^"*^®^^* 
are  legislative  to   one,  those  which  are  judicial  to 
another,  and  those  which  are  executive  to  another. 

Sec.  2.  No  person,  or  collection  of  persons,  be- 
ing of  one  of  those  departments,  shall  exercise  any 
jjower  properly  belonging  to  either  of  the  others, 
except  in  the  instances  hereinafter  expressly  direc- 
ted or  permitted. 

ARTICLE  III, 

legislative  department. 

Sec.  1.  Every  free  white  male  person  of  the 
age  of  twenty-one  years  or  upwards,  who  shall  be 
a  citizen  of  the  Confederate  States  of  America, 
and  shall  liave  resided  in  tliis  State  one  year 
next  proceeding  an  election,  and  the  last  four  Q  ^  al'fi«<i 
months  within  the  county,  city  or  town,  in  which  ^l^c*^^'*^- 
he  offers  to  vote,  shall  be  deemed  a  qualified  elec- 
tor ;  and  any  such  qualified  elector,  who  may 
happen  to  be  in  any  county,  city  or  town,  other 
than  that  of  his  residence,  at  the  time  of  an  election, 
or  who  shall  have  removed  to  any  county,  city  or 
town  within  four  months  proceeding  the  election, 
from  any  county,  city  or  town,  in  which  he  would 
have  been  a  qualified  elector  had  he  not  so  removed 
may  vote  for  any  State  or  district  officer,  or  mem- 
ber of  Congress,  for  whom  he  could  have  voted  in 
the  county  of  his  residence,  or  the  county,  city  or 
town  from  which  he  may  have  so  removed. 


54  CONSTITUTION  OF  MISSISSIPPI. 

Sec.  2.  Electors  shall,  in  all  cases  except  in  those 
of  treason,  felony,  or  breach  of  the  })eace,  be  privi- 
Electors.  lodged  from  arrest  during  their  attendance  on  elec- 
tions, and  going  and  returning  from  the  same. 

Sec.  3.  The  first  elections'  shall  be  by  ballot^ 
and  all  future  elections  by  the  peo})lc  shall  be  regu^ 
lated  by  law. 

Sec.  4.  The  legislative  powers  of  tliis  State  shall 
be  vested  in  two  distinct  lirauchcs  :  the  one  to  be 
styled  "the  '"Senate,"  tlie  other,  ''the  House  of  Rep- 
resentatives," and  both  together  "the  Legislature  of 
the  State  of  Mississippi ;"  and  the  style  of  their 
laws  shall  be,  ''Be  it  enacted  by  the  Legislature  of 
the  State  of  Mississippi. 

Sec.  5.*  The  members  of  the  House  of  Repre- 
sentatives shall  be  chosen  by  the  qualified  electors, 
and  shall  serve  for  the  term  of  two  years,  from  the 
day  of  the  commencement  of  the  general  election, 
and  no  longer. 

Sec.  6.  The  representatives  shall  be  chosen 
every  two  years,  on  the  first  Monday  and  day  fol- 
lowing in  November. 

Sec.  7.  No  person  shall  be  a  representative  mi- 
less  he  be  a  citizen  of  the  Confederate  States  of 
Q  ualifica- Aiiierica,   and  shall  have  been   an  ^ihabitant  of 
tions.        this   State   two   years   next  preceeding  his  elec- 
tion, and  the  last  year  thereof  a  resident  of  the 
county,  city  or  town  for  whicli  he  shall  be  chosen, 
and  shall  have  attained  the  age  of  twenty-one  years. 
Sec.  8.  Elections  for    reyn-esentatives   for    the 
E  lections  several  counties  shall  be  held  at  the  places  of  hold- 
where  to  ing  their  respective  courts,  or  in  the  several  election 
be  held,    districts  into  which  the  county  may  bo  divided  ; 
Provided,  that  when  it  shall  appear  to  thQ  legisla- 
ture that  any  city  or  town   has  a  number  of  free 
W  h  e  n  a  "^^t^ite  inhabitants  equal  to  the  ratio  then  fixed,  such 
town  or  city  or  town  shall  have  a  separate  representation, 
city  enti-  according  to  the  number  of  free  Avhite  inhabitants 
tied  to  Sep  therein,  which  shall  be  retained  so  long  as  such  city 
arate  rep-  q^,  ^^^.^  ^j^^j^j  contain  a  number  of  free  Avhite  in- 
tion  ^^  ^'  ^^^^it^i^ts  equal  to  the  existing  ratio,  and  thereafter, 
and  during  the  existence  of  the  right  of  separate  rep- 
resentation in  such  city  or  town,  elections  for  the 
county  in  which  such  city  or  town,  entitled  to  sepa- 
rate representation,  is  situated,  shall  not  be  held  in- 
such  city  or  town  :  And  provided,  that  if  the  residu- 


CONSTITUTION  OF  MISSISSIPPI.  69 

urn  or  fraction  of  any  city  or  town,  entitled  to  sepa- 
rate representation,  shall,  when  added  to  the  residu-  Residuum 
um  in  the  county  in  which  it  may  lie,  be  equal  to  the  &c. 
ratio  fixed  by  law  for  one  representative,  then  the 
aforesaid  county,  city  or  town,  having  the  largest 
residuum,  shall  be  entitled  to  such  representation  : 
j^nd  provided,  also,  That  when  there  are  two  or 
more  counties  adjoining,  which  haveresiduums  over 
and  above  the  ratio  then  fixed  by  law  if  such  resi- 
duums,  when  added  together,  will  amount  to  such 
ratio,  in  that  case  one  representative  shall  be  ad- 
ded to  that  county  having  the  largest  residuum. 

Sec.  9.     The  Legislature  shall,  at  tlieir  first  ses- 
sion, and  at  periods  of  not  less  than  every  four,  nor  Knumera- 
more  than  every  six  years,  until  the  year  1845,  and  tion    and 
thereafter  at  periods  of  not  less  than  every  four  nor  apportion- 
more  then  every  eight  years,  cause  an  enumeration  ment. 
to  be  made  of  all  the  free  white  inhabitants  of  this 
State,  and  the  whole  number  of  representatives  shall 
at  the  several  periods  of  making  such  enumeration, 
be  fixed  by  the  Legislature  and  apportioned  among 
the  several  counties,  cities  or  towns  entitled  to  sep- 
arate representation,  according  to  the  number  of 
free  white  inhabitants  in  each,  and  shall  not  be  '^ss  ^^^^  J 
than  thirty-six  nor  more  than  one  liundred  :  Provi-  ^^^^^[^qq 
ded,  however,  That  each  county   shall    always  be 
entitled  to  at  least  one  representative. 

Sec.  10.     The  whole  number  of  senators  shall, 
at  the  several  periods  of  making  the  enumeration 
before  mentioned,  be  fixed  by  the  Legislature,  and 
apportioned   among  the   several    districts  to  be  Senators, 
established  by  law,  according  to  the  number  of  free  ^^* 
white  inhabitants  in  each,  and  shall  never  be  less 
than  one-fourth  nor  more   than   one-third  of  the     \ 
whole  number  of  representatives. 

Sec.  11.  The  senators  shall  be  chosen  by  the 
qualified  electors  for  four  years,  and  on  their  being  Number, 
convened  in  consequence  of  the  first  election,  they  ^a. 
shall  be  divided  by  lot  from  their  respective  dis= 
tricts  into  two  classes,  as  nearly  equal  as  can  be, 
and  the  seats  of  the  senators  of  the  first  class  shall 
be  vacated  at  the  expiration  of  the  second  year. 

Sec.  12.  Such  mode  of  classifying  new  addition-  g^^  ^-^^^ 
al  senators  shall  be  observed  as  will  as  nearly  as  pos-  gen  and 
sible  preserve  an  equality  of  members  in  each  class,  classified. 


56  CONSTITUTION  OF  MlSfilSSIPPI. 

Sec.  13.  When  a  senatorial  district  shall  be 
composed  of  two  or  more  counties,  it  shall  not  be 
entirely  separated  by  any  county  belonging  to 
another  district,  and  no  county  shall  be  di^aded  in 
forming  a  district. 

Sec.  14.  No  person  shall  be  a  senator  unless  he 
Qualifica-  Kq  ^  citizen  of,  the  Confederate  States  of  America, 
Senators  ^^^  shall  have  been  an  inhabitant  of  this  State  for 
four  years  next  preceding  his  election,  and  the  last 
year  thereof  a  resident  of  ihe  district  for  which  lie 
he  shall  be  chosen,  and  have  attained  the  age  of 
thirty  years. 

Sec.  15.    Tlie  House  of  Representatives,  when 
assembled,  shall  choose  a  speaker  and  its  other  of- 
Speaker  of  fibers,  and  the  Senate  shall  choose  a  president  and 
the  House  its  officers,  and  each  house  shall  judge  of  the  quali- 
and  other  fications  and  elections  of  its  own  members,  but  a 
officers,     contested  election  shall  be  determined  in  such  man- 
ner as  shall  be  directed  by  law.     A  majority  of  each 
house  shall  constitute  a  quorum  to  do  business,  but 
a  smaller  number  may  adjourn  from  day  to  day,  and 
may  compel  the  attendance  of  absent  members,  in 
such  manner  and  under  such  penaltie?  as  each  house 
may  provide. 
Powers     ^^^*  ^^'     Each  house  may  determine  the  rules  of 
0  f  e  a  c  h  its  own  proceedings,  punish  members  for  disorderly 
house.  ■     behavior,  and,  with  the  consent  of  two-thirds,  expel 
a  member,  l)ut  not  a  second  time  for  the  same  cause: 
and  shall  have  all  otlier  powers  necessary  for  a  branch 
of  the  legislature  of  a  free  and  inde])cndent  State. 
Sec.  it.    Each  house  shall  keep  a  journal  of  its 
.  proceedings,  and  publish  the  same;  and  the  yeas  and 
^f  y^^^gUays  of  the  members  of  either  house,  on  any  ques- 
and  nays.tion,  shall,  at  the  desire  of  any  three  members  pres- 
ent, be  entered  on  the  journal. 

Sec.    18.     When    vacancies  luippcn   in   either 
V  '  nc'es^^^^^*^^'  ^^^^  Governor,  or  the  person  exercising  the 
powers  of  the  Governor,  shall  issue  writs  of  elec- 
tions  to  fill  such  vacancies. 

Sec.  19.  Senators  and  Representatives  shall,  in 
all  cases,  except  of  treason,  felony,  or  breach  of  the 
peace,  be  privileged  from  arrest  during  the  session 
Privileged  of  the  legislature,  and  in  going  to  and  returning 
from  ar-from  the  same,  allowing  one  day  for  every  twenty 
rest ;  ex-  jj^jies  such  member  may  reside  from  the  place  at 
cep  lOR.     ^^j^i^  ^ijQ  legislature  is  convened. 


CONSTITUTION  OF  MISSISSIPPI.  CT 

Sec.  20.  Each  house  may  punish,  by  imprison- 
ment during  the  session,  any  person,  not  a  member,' 
for  disrespectful  or  disorderly  behavior  in  its  pres- 
ence, or  for  obstructing  any  of  its  proceedings : 
Provided,  such  imprisonment  shall  not,  at  any  one 
time,  exceed  forty-eight  hours. 

Sec.  21.  The  doors  of  each  house  shall  be  open, 
except  on  such  occasions  of  great  emergency  as,  in 
the  opinion  of  the  house,  may  require  secrecy. 

Sec.  22.  Neither  house. shall,  Avithout  the  con- 
sent of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  place  than  that  in  which  they  may 
l)e  sitting. 

8kc.  2o.  Bills  may  originate  in  cither  house,  and 
be  amended,  altered  or  rejected  ])y  the  other,  but  no 
bill  shall  have  the  force  of  a  law  until,  on  three  sev- 
eral days,  it  be  read  in  each  house,  and  free  discus- 
sion be  allowed  thereon, .  unless  four-fifths  of  the  ^ 
house  in  which  the  ftiil  shall  be  pending  may  deem 
it  expedient  to  dispense  with  this  rule  ;  and  every 
bill,  having  passed  both  houses,  shall  be  signed  by 
the  speaker  and  president  of  their  respective  houses. 

Sec.  24.  All  bills  for  raising  revenue  sliall  origi- 
nate in  the  House  of  Representatives,  but  the  Sen- 
ate may  amend  or  reject  them,  as  other  bills. 

Sec.  25.     Each  member  of  the  legislature  shall 
receive,  from  the  public  treasury,  a  compensation  for  C  o  mpen- 
his  services,  which  may  be  increased  or  diminished  ^*^^^^  °; 
by  law,  but  no  increase  of  compensation  shall  take  tcrs!^*"*' 
effect  during  the  session  at  which  such  increase  shall 
have  been  made. 

Sec.  26.     No  senator  or  representative  shall, 
during  the  term  for  which  he  shall  have  been  elected, 
nor  for  one  year   thereafter,  be  appointed  to  any 
civil  office  of  profit  under   the  State,  which  shall  M  e  mbers 
have  been  created,  or  the  emoluments  of  which  shall  °°^  ^^^' 
have  been  increased  dm-ing  such  term,  except  such  ^^^  ^  ^ ' 
offices  as  may  be  filled  by  elections  by  the  people  ; 
and  no  member  of  either  house  of  the  legislature 
shall,  after  the  commencement  of  the  first  session  of 
the  legislature  after  his  election,  and  during  the 
remainder  of  the  term  for  which  he  is  elected,  be 
eligible  to  any  office  or  place,  the  appointment  to 
which  may  be  made,  in  whole  or  in  part,  by  either 
branch  of  the  legislature. 


58  CONSTITUTION  OF  mssissippi. 

Sec .  27.     No  judge  of  i>ny  co urt  of  law  or  equity, 
Officers  secretary  of  state,  attorney-g-ciieral,  clerk  of  any 
not   eligi-  court  of  record,  slieriff  or  collector,  or  any  person 
ble  to  leg-  holding  a  lucrative  office  under  the  laws  of  the 
islature.     Confederate  States  of  America,  or  of  this  State, 
shall   be  eligible   to   the  legislature :     Provided, 
That  officers  in   the  militia,   to    whicli   there  is 
attached  no  annual  salary,  and  the  office  of  the  jus- 
tice of  the  peace,  shall  not  be  deemed  lucrative. 
Sec.  28.     No  person  who  has  lieretofore,  or  here- 
Befaulters  ^^^^^''  ^QGii  a  collector  or  holder  of  public  moneys, 
shall  have  a  seat  in  either  liouse  of  the  legislature 
until  such  person  shall  have  accounted  for,  and  paid 
into  the  treasui-y,  all  sums  for  whieli  he  may  be 
accountable. 

Sec.  29.     The  first   election  for   senators  and 

representatives  shall   be   general   tlu'oughout   the 

First  elec-  State,  and  shall  be  held  on  the  first  Monday,  and 

tion.when  day  following,  in  November,  1833  ;  and  thereafter 

holden.      there  shall  be  biennial  elections  for  senators  to  fill 

the  places  of  those  whose  term  of  service  may  have 

expired. 

Sec.  30.  The  first  and  all  futui'e  sessions  of  the 
legislature  shall  be  held  in  the  town  of  Jackson,  in 
Seat  of^^^^  county  of  Hinds,  until  the  year  1850.  During 
governm't  ^^^^  ^i'^*  session  thereafter,  the  legislature  shall  have 
power  to  designate,  by  law,  the  permanent  seat  of 
government :  Provided,  hoiveuer,  That  unless  such 
designation  be  then  made  by  law,  the  seat  of  govern- 
ment shall  continue  permanently  at  the  town  of 
Jackson.  The  first  session  shall  commence  on  the 
third  Monday  in  November,  in  the  year  1833;  and 
in  every  two  years  thereafter,  at  such  time  as  may 
be  prescribed  by  law. 

Sec.  31.  The  governor,  secretary  of  state,  treas- 
urer, auditor  of  public  accounts  and  attorney-general 
shall  reside  at  the  seat  of  government. 

ARTICLE  IV. 

JUDICIAL  department. 

Sec.  1.     The  judicial  power  of  the  State  shall 
J  u  d  i  cial  ^®  vested  in  one  high  court  of  errors  and  appeals, 
power.      ^^^  such  other  courts  of  law  and.  equity  as  are 
hereafter  provided  for  in  this  constitxition, 


CONSTITUTION  OF   MISSISSIPPI.  59 

Sec.  2.     The  high  court  of  errors  and  appeals 
shall  consist  of  three  judges,  any  two  of  whom  shall  High  c®'rt 
form  a  quorum.     Tlie  legislature  shall  divide  the  of  errors 
State  into  three  districts,  and  the  qualified  electors  *  ^  <^  *P- 
of  each  district  shall  elect  one  of  said  judges  for  ^^^^' 
the  term  of  six  years. 

Sec.  3.     The  office  of  one  of  said  judges  shall  ^^^S^s 
be  vacated  in  two  years,  and  one  in  four  years,  ^^^^^^^^ 
and  one  in  six  years — so  that,  at  the  expiration  of  of  office, 
every  two  years,  one  of  said  judges  shall  be  elected, 
as  aforesaid. 

Sec.  4.     The  high  court  of  errors  and  ^PP^^ls  j u-ig^jv. 
siiall  have  no  jurisdiction  but  such  as  ^properly  be-  tion. 
longs  to  a  court  of  errors  and  appeals. 

Sec.  5.  All  vacancies  that  may  occur  in  said 
court,  from  death,  resignation,  or  removal,  shall  be  y 
illed  by  election  as  aforesaid  :  Provided,  Jio^uever, 
That  if  the  unexpired  term  do  not  exceed  one  year, 
the  vacancy  shall  be  filled  by  executive  appoint- 
ment. 

Sec.  C).     No  person  shall  be  eligible  to  the  office 
of  judge  of  the  high  court  of  errors  and  appeals,  Where 
Avho  shall  not  have  attained,  at  the  time  of  his  elec- holden. 
tion,  the  age  of  thirty  years. 

Sec.  7.     The  high  court  of  errors  and  appeals 
shall  be  held  twice  in  each  year,  at  such  place  as  First  elec- 
the  legislature  shall  direct,  until  the  year  eighteen  tion. 
liundred  and  thirty-six,  and  afterwards  at  the  seat 
of  government  of  the  State. 

'}  Sec.  8.  The  secretary  of  state,  on  receiving  all 
the  official  returns  of  the  first  election,  shall  pro- 
ceed forthwith,  in  the  presence  and  with  the  assis-  rj.^  ^ 
tance  of  two  justices  of  the  peace,  to  determine,  by  office, 
lot,  among  the  three  candidates  having  the  highest 
number  of  votes,  which  of  said  judges  shall  serve 
for  the  term  of  two  years,  which  shall  serve  for  the 
term  of  four  years,  and  which  shall  serve  for  the 
term  of  six  years  ;  and,  having  so  determined  the 
same,  it  shall  be  the  duty  of  the  Governor  to  issue 
commissions  accordingly. 

Sec.  9.    No  judge  shall  sit  on  the  trial  of  any  when 
cause  when  the  parties  cr  either  of  them  shall  be  judge  dis- 
connected with  him  by  affinity  or  consanguinity,  or  quaHfied. 
when  he  may  be  interested  in  the  same,  except  by 
consent  of  the  judge  and  of  the  parties ;  and  when- 


60  CONSTITUTION  OP  MISSISSIPPI. 

ever  a  quorum  of  said  court  are  situated  'as  aforesaid, 
the  Governor  of  the  State  sliall  in  such  case  es- 
pecially commission  two  or  more  men  of  law  knowl- 
edge, for  the  determination  tlicreof.  ^ 

bEC.  10.     The  judges  of  said  court  shall  receive 
for  their  services  a  compensation  to  be  fixed  by  law, 
Salaries,    which  shall  not  be  diminished  during  their  contin- 
uance in  oflSce. 

Sec.  11.  The  judges  of  the  circuit  court  shall 
Judges  of  be  elected  by  thcqualilicd  electors  of  each  judicial 
circuit  district,  and  hold  tlieir  offices  for  the  term  of  four 
court.        years,  and  reside  in  their  respective  districts. 

Sec.  12.     No  person  shall  be  eligible  to  the  of- 
fice of  judge  of  the  circuit  court,  who  shall  not  at 
Q  uallfica-  the  time  of  his  electiop,   have  attained  the  age  of 
tions.        twenty-six  years. 

Sec.  13.     The  State  shall  be  divided  into  conve- 
Circuits.    nient  districts,  and  each  district  sliall  contain  not 
less  than  three  nor  more  than  twelve  counties. 
Sec.  14.     The  circuit  courts  shall  have  original 
J  urisdic- jurisdiction  in  all  matters,  civil  and  criminal,  with- 
tion,  &c.   in  this  State  ;  but  in  civil  cases  only  when  the  princi- 
pal of  the  sum  in  controversy  exceeds  fifty  dollars. 
Sec.  15.     A  circuit  court  shall  be  held  in  eacli 
county  of  this  State,  at   least  tAvice  in  each  year  ; 
and  the  judges  of  said  court  shall  interchange  cir- 
C  hancery  cuits  with  each  other,  in  such,  manner  as  may  bepre- 
courts,      scribed  by  law,  and  shall  receive  for  their  services 
a  compensation  to  be  fixed  by  law,  which  shall  not 
l^e  diminished  during  their  continuance  in  office. 

Sec.  16.     A  separate  superior  court  of  chancery 

shall  be  established,  Avith  full  jurisdictipn  in  all  mat- 

J urisdic-  ^^^'^  ^^  equity  :  Provided,  however,  The  legislature 

tion.  Di^y  gi'^G  '^^  t^^-6  circuit  courts  of  each  county  equity 

jurisdiction  in  all  cases  where  the  value  of  the  thing 

or  the  amount  in  controversy  does  not  exceed  five 

hundred  dollars ;  also,  in  all  cases  of  divorce,  and 

for  the  foreclosure  of  mortgages.     The  chancellor 

shall  be  elected  by   the  qualified   electors  of  the 

whole  State,  for  the  term  of  six  years,  and  shall  be 

at  least  thirty  years  old  at  the  time  of  his  election. 

Sec.  17.     The  style  of  all  process  shall  be  "The 

Stateof  Mississippi,"  and  all  prosecutions  shall  be 

Style    0  f  carried  on  in   the  name  a.nd  •  by  the  authority  of 

process,     u  r^^^  g^^^^  ^^  Mississippi,"  and  shall  conclude, 

''agjaiust  the  peace  and  dignity  of  the  same," 


CONSTITUTION  OF  mSSISSIPPI.  61 

Sec.  18.     A   court  of  probates  shall  be  estab- 
lished in  each  county  of  the  State,  with  jurisdiction  P  ro  bate 
in  all  matters  testamentary,  and  of  administration  court, 
in  orphans'  business,  and  the  allotment  of  dower, 
in  cases  of  idiocy  and  lunacy,  and  of  persons  non 
compos  mentis.     The  judge  of  said  court  shall  be  J  u  ricdic- 
elected  by  the   qualified  electors  of  the  respective  <^i<^»- 
counties,  for  the  term  of  two  years. 

Sec.  19.  The  clerk  of  the  high  court  of  errors 
and  appeals  shall  be  appointed  by  the  said  court,  for  Clerks, 
the  terra  of  four  years  :  and  the  clerks  of  the  pro- 
bate and  other  inferior  courts,  shall  be  elected  by 
the  qualified  electors  of  the  respective  coimties,  and 
shall  hold  their  offices  for  the  term  of  two  years. 

Sec.  20.  The  qualified  electors  of  each  county 
shall  elect  five  persons,  for  the  term  of  two  years, 
who  shall  constitute  a  board  of  police  for  each  ^oard  o  f 
county,  a  majority  of  whom  may  transact  business;  ■^®"^^' 
wliich  body  shall  liave  full  jurisdiction  over  roads, 
highways,  ferries  and  bridges,  and  all  other  matters 
of  county  police  ;  and  shall  order  all  county  elec- 
tions, to  fill  tlie  vacancies  that  may  occur  in  the  of- 
fices of  their  respective  counties.  The  clerk  of 
the  court  of  probate  sliall  be  the  clerk  of  the  board 
of  police. 

Sec.  21.     No  person  shall  be  eligible  as  a  mem- 
ber of  said  board,  who  shall  not  have  resided  one^     ,.- 
year  in  the  county  ;  but  this  qualification  shall  not  ^  "^^  '  ^^' 
extend  to  sucli  new  counties  as   may  liereafter  be 
established,  until  one  year  after  their  organization ; 
and  all  vacancies  that  mav  occur,  in   said   board 
shall  be  supplied  by  election  as  aforesaid  to  fill  the^^^^""^®^ 
unexpired  term. 

Sec.  22.     The  judges  of  all  the  courts  of  this 
State,   and  also  the  members  of  the  board  of  the  Conserva- 
county  police,  shall  in  virtue  of  their  offices,  be  con-  ^^^^  o^ *^^ 
servators  of  the  peace,  and  shall  be,  by  law,  vested  ^^*'^^' 
with  ample  powers  in  this  respect. 

Sec.  23.     A  competent  number  of  justices  of  tne 
peace  and  constables  shall  be  chosen  in  each  county  P,^°  ^  *** 
by  the  qualified  electors  thereof,  by  districts,  who 
shall  hold  their  offices  for  the  term  of  two  years  ;  -     .  . 
the  jurisdiction  of  justices  of  the  peace  shall  be  lito-  ^  ^  ^t  ii*« 
ited  to  causes  in  which  the  principal  of  the  amount  peace, 
in  coatrovor&y  shall  not  exceed  fifty  dollars  ;  in  all 


62  CONSTITUTION  OF  MISSISSIPPI. 

causes  tried  by  justices  of  the  peace,  the  right  of 
appeal  shall  be  secured,  under  such  rules  and  regu- 
lations as  shall  be  prescribed  by  law. 

Sec.  24.     The  legislature  may,  from  time  to  time 
establish  such  other  inferior  courts  as  may  be  deem- 
ntenor.    ^^  necessary,  and  abolish  the  same  whenever  they 
deem  it  expedient. 

Sec.  25.     There  shall  be  an   Attorney-General 

Attorney-  elected  by  the  qualified  electors  of  the  State,  and  a 

General,    competent   number   of  district   attorneys  shall  be 

elected  by  the  qualified  voters  of  their  respective 

districts  :  whose  compensation  and  term  of  service 

shall  be  prescribed  by  law. 

Sec.  26.     The  legislature  shall  provide,  by  law, 
Contested  for  determining  contested  elections  of  judges  of  the 
elections,  high  court  of  errors  and  appeals,  of  the  circuit  and 
probate  courts,  and  other  officers. 

Sec.  27.     The  judges  of  the  several   courts  of 
J  u  d  g  es,  ^^^^s  State,  for  wilful  neglect  of  duty  or  other  reason- 
how  r  e-  able  cause,  shall  be  removed  by  the  governor,  on  the 
moved,     address  of  two-thirds  of  both  houses  of  the  legisla- 
ture ;  the  address  to  be  by  joint  vote  of  both  houses. 
The  cause  or  causes  for  which  such  removal  shall 
be  required,  shall  be  stated  at  length  in  such  ad- 
dress, and  on  the  journals  of  each  house.   The  judge 
so  intended  to  be  removed,   shall  be  notified   and 
admitted  to  a  hearing  in  his   own  defense,  before 
the  vote  for  such  address  shall  pass  ;  the  vote  on 
such  address  shall  be  taken  by  the  yeas  and  nays, 
and  entered  on  the  journals  of  each  house. 

Sec.  28.     Judges  of  probate,  clerks,  sheriffs,  and 
?^^®^^»  other  county  officers,  for  the  wilful  neglect  of  duty, 
^°  *^     '    or  misdemeanor  in  office,  shall  be  liable  to  present- 
ment or  indictment  by  a  grand  jury,  and  trial  by  a 
petit  jury  ;  and,  upon  conviction,  shall  be  removed 
from  office. 

ARTICLE  V. 

executive  department. 

Sec.  1.  The  chief  executive  power  of  this  State 
(jovemor,  shall  be  vested  in  a  Governor,  who  shall  hold 
tenure  of^^g  ^^^e  for  two  years  from  the  time  of  his  in- 
°®^-       stallation. 


CONSTITUTION  OF  MISSISSIPPI.  63 

Sec.  2.  The  Governor  shall  be  elected  by  the 
qualified  electors  of  the  State.  The  returns  of  every  Hewelec 
election  for  governor  shall  be  sealed  up  and  trans-  ted. 
mitted  to  the  seat  of  government,  directed  to  the 
Secretary  of  State,  who  shall  deliver  them  to  the 
speaker  of  the  House  of  Representatives   at  the 
next  ensuing  session  of  the  legislature,  during  the 
first  week  of  which  session  the  said  speaker  shall 
open  and  publish   them  in   the  presence  of  both 
houses  of  the  legislature.     The  person  having  the 
highest  number  of  votes  shall  be  Governor  ;  but  if 
two  or  more  sliall  be   equal,  and  highest  in  votes, 
then  one  of  them  sliall  be  chosen  Governor  by  the  Contested 
joint  ballot  of  both  houses  of  the  legislature.  Con-  e  1  e  c  tion 
tested  election  for  Governor  shall  be  determined  for   Gov- 
by  botli  houses  of  the  legislature  in  such  manner  as  ®^^f- 
prescribed  by  law. 

Sec.  8.  The  Governor  sliall  be  at  least  thirty 
years  of  age,  shall  have  been  a  citizen  of  some 
one  of  the  States  composing  the  Confederate  States 
of  Anierica,  for  twenty  years,  and  shall  have  resi- q  ^^ug^, 
(led  in  this  State  at  least  five  years  next  preced-  tions. 
ing  the  day  of  his  election,  and  shall  not  be  capa- 
ble of  holding  the  office  more  than  four  years  in 
any  term  of  six  years. 

^  Sec.  4.  He  shall  at  all  times  receive  for  his  ser-  q  ^  j^ 
vices  a  compensation,  which  shall  not  be  increased  sation 
or  diminished  dm'ing  the  term  for  which  he  shall  be 

^^^S^^^-  Comman- 

Sec.  5.  He  shall  be  commander-in-chief  of  the  der-in- 
army  and  navy  of  this  State,  and  of  the   militia,  Chief, 
except  when  they  shall  be  called  into  the  service 
of  the  Confederate  States  of  America. 

Sec.  6.  He  may  require  information,  in  writing, 
from  the  officers  in  the  executive  department,  on 
any  subject  relating  to  the  duties  of  their  respec- 
tive offices. 

Sec.  7.  He  may,  in  cases  of  emergency,  convene  q oyej^^j. 
the  Legislature  at  the  seat  of  government,  or  at  a  t  o  c  o  n  - 
different  place,  if  that  shall  have  become,  since  their  vene  and 
last  adjournment,  dangerous  from  an  enemy  or  from  a  d  j  o  urn 
disease  ;  and  in  case  of  disagreement  between  the  f^®  ^^^' 
two  houses  with  respect  to  the  time  of  adjournment,  ^*^"^®- 
adjourn  them  to  such  time  as  he  shall  think  proper, 
not  beyond  the  day  of  the  next  stated  meeting  of 
the  Legislature. 


64  CONSTITUTION  OP  MISSISSIPPI. 

Sec.  8.  He  shall,  from  time  to  time,  give  to  the 

Duty  0 f  Legislature  information  of  the  state  of  thegovern- 

Governor.  ment,  and  recommend  to  their  consideration  such 

measures  as  he  may  deem  necessary  and  expedient. 

Sec.  9.  He  shall   take   care  that   the  laws   be 

faithfully  executed. 

Sec.  10.  In  all  criminal  and  penal  cases,  except 
in  those  of  treason  and  impeachment,  he  shall  have 
power  to  grant  reprieves  and  pardons,  and  remit 
Power  of  f^^-^gg  ^^-,^1  jj^  casea  of  forfeiture,  to  stay  the  collec- 
overnor.  ^-^^^  iu\ii[  the  end  of  the  next  session  of  the  Legis- 
latm^e,  and' to  remit  forfeitures  by  and  Avitli  tlie  ad- 
vice and  consent  of  the  Senate.  In  cases  of  treason, 
he  shall  have  power  to  grant  reprieves  by  and  with 
the  advice  and  consent  of  the  Senate,  Tjut  may  re- 
spite the  sentence  until  the  end  of  the  next  session 
of  the  Legislature. 
Commis=     ^^'^'  ^-'  ^^^  commissions  shall  be  in  the  name 
sions.        and  by  the  authority  of  the  State  of  Mississippi,  be 
sealed  with  the  great  seal,  and  signed  l)y  the  Gov- 
ernor, and  be  attested  by  the  Secretary  of  State. 
Seal    of   ■^''^'  --•  There  shall  be  a  seal   of  this   State, 
the  State,  wliich  shall  be  kept 'by  the  Governor,  and  used  by 
him  officially,  and  shall  be  called  the  Great  Seal  of 
ii^<    the  State  of  Mississippi; 

Sec,  13.  All  vacancies  not  provided  for  in  this 
Constitution,  shall  be  filled  in  such  manner  as  the 
Legislature  may  prescribe. 
Sec.  14.  The  Secretary  of  State  shall  be  elected 
^f^Stete  ^  by  the  qualified  electors  of  the  State,  and  shall  con- 
°  *   tinue  in  office  during  the  term  of  two  years.  He  shall 

keep  a  fair  register  of  all  the  official  acts  and  pro- 
ceedings of  the  Governor,  and  shall,  when  required, 
lay  the  same,  and  all  papers,  minutes  and  vouchers 
relative  thereto,   before  the  Legislature,   and  shall 
perform  other  duties  as  may  be  required  of  him  by  law. 
•2.1         Sec.  15.  Every  bill  which  shall    have  passed 
'  ^- '    both  houses  of  the  Legislatiu'e,  shall  be  presented  to 
GoTernorii^e  Governor  :  if  he  approve,  .he  shall  sign  it,  but 
rVt^rn^^ not,  he  shall  retmm  it,  with  his  objections,  to  the 
bills.         house  in  which  it  shall  have  originated,  which  shall 
enter  the  objections  at  large  upon  their  jom'nals,. 
and  proceed  to  reconsider  it :  if,  after  such  recon- 
sideration, two-thirds  of  the  house  shall  agree  to 
V«to,       pass  the  bill,  it  shall  be  sent,  with  the  objections,  to 


CONSTITUTION  OF  MISSISSIPPI.  65 

the  other  ho  use, -by  which  it  shall  likewise  be  recon- 
sidered :  if  approved  by  two-thirds  of  that  house,  it 
shall  become  a  law  ;  but  in  such  case,  the  vote  of 
both  houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  members  Voting  for  and 
against  the  bill  shall  be  entered  on  the  journal  of 
each  house  respectively :  if  any  bill  shall  not  be 
returned  by  the  Governor  within  six  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him, 
the  same  shall  become  a  law  in  like  manner  as  if  he 
had  signed  it,  unless  the  Legislature,  by  their 
adjournment,  prevent  its  return  ;  in  whicli  case  it 
shall  not  become  a  law. 

Sec.  16.  Every  order,  resolution  or  vote  to 
which  the  concm-rence  of  both  houses  may  be  neces- 
sary, except  resolutions  for  the  purpose  of  obtain- 
ing the  joint  action  of  both  houses,  and  on  questions 
of  adjournment,  shall  be  presented  to  the  Governor, 
and,  before  it  shall  take  effect,  be  approved  by  him, 
or,  being  disapproved,  shall  be  re-passed  by  both 
houses,  according  to  the  rules  and  limitations  pre- 
scribed in  the  case  of  a  bill. 

Sec.  17.  Whenever  the  ojQfice  of  Governor  shall 
become  vacant,  by  death,  resignation,  removal  from 
office,  or  otherwise,  the  president  of  the   Senate  ^^ 
shall  exercise  the  office  ,of  Governor  until  aijpther  q^^  ^ 
Governor  shall  be  duly  qualified;  and  in  case  of  vacant^ 
the  death,  resignation,  removal  from  office,  or  other  &c.         * 
disqualification  of  the  president  of  the  Senate,  so 
exercising  the  office  of  Governor,  the  speaker  of  the 
House  of  Representatives  shall  exercise  the  office 
imtil  the  president  of  the   Senate  shall  have  been 
chosen  ;  and  when  the  office  of  Governor,  president 
of  the  Senate,  and  speaker  of  the  House,  shall  be- 
come vacant  in  the  recess  of  the  Senate,  the  person  " 
acting  as  Secretary  of  State  for  the  tkne  being.  ^°"'*^®^ 
shall,  by  proclamation,  convene  the  Senate,  that  a  P'^^^^"^^* 
president  may  be  chosen  to  exercise  the  office  of 
Governor. 

Sec.  is.  When  either  the  president  or  speaker 
of  the  House  of  Representatives  shall  so  exercise 
said  office,  he  shall  receive  the  compensation  of  the 
Governor  only ;  and  his  duties  as  president  or 
speaker  shall  be  suspended,  and  the  Senate  or  House 
of  Representatives,  as  the  case  may  be,  shall  fill  the 
vacancy  until  his  duties  as  Governor  shall  cease. 
C^13 


ih 


COXSTITUTIOX  OF  MISSISSIPPI. 


Sec.  19.  A  sheriff  aLcl  one  or  more  coroners,  a 
treasurer,  surveyor  and  ranger,  shall  be  elected  in 
each  county,  by  the  qualified  electors  thereof ;  who 
shall  hold  their  offices  for  two  years,  unless  sooner 
removed  ;  except  that  the  coroner  shall  hold  his 
office  until  his  successor  be  duly  qualified. 

Sec.  20.  A  State  Treasurer  and  Auditor  of 
Treasurer  Public  Accounts  shall  be  elected  by  the  qualified 
and  Audi-  electors  of  the  State,  who  shall  hold  their  offices 
^^-  for  the  term  of  two  years,  unless  sooner  removed. 

MILITIA.  J 

Section.  1.  The  Legislature  shall  provide,  by 
Militia,  ^^■^j  ^^^^  organizing  and  disciplining  .he  militia  of 
.  this  State,  in  such  manner  as  they  may  deem  expe- 
dient, not  incompatible  with  the  Constitution  and 
the  laws  of  the  Confederate  States  of  America  in 
relation  thereto. 

Sec.  2.  Commissioned    officers    of   the  militia 
Militia  of-  (staff  officers  and  the  officers   of  volunteer  compa- 
i\  ers.        nles  excepted.)  shall  be  elected  by  the  persons  liable 
to  perform  military  duty,  and  the  qualified  electors 
within  their  respective  commands,  and  shall  be  com- 
missioned by  the  Governor. 
Povvers  of     t^.-zc.  3.  The  Governor  shall  have  power  to  call 
■^'""^•'^ '■  forth  the  militia  to  execute  the  laws  of  the  State,  to 
suppress  insurrection,  and  to  repel  invasion. 


tuOtii  out 

militia. 


ARTICLE  VI. 

impeachments. 

Section  1.  The  House  of  Representatives  shall 
have  the  sole  power  of  impeaching. 

Sec.  2.  All  impeachments  shall  be  tried  by  the 

icli-  Senate  :.  when  sitting  for  that  purpose,  the  senators 

shall  be  on  oath  or  affirmation  :  no  person  shall  be 

convicted  without  the  concurrence  of  two-thirds  of 

the  members  present. 

!:^ec.  3.  The  Governor  and  all  civil  officers  shall 
*  Table  to  impeachment  for  any  misdemeanor  in 
,jj.   -^li  -e  ;  but  judgment  in  such  cases  shall  not  extend 
'  further  than  to  removal  from  office,  and  disqualifi- 
cation to  hold  any  office  of  honor,  trust,  or  profit 


CONSTITUTION  OF  MISSISSIPPI.  67 

under  the  State  ;  but  the  party  convicted  shall 
nevertheless,  be  subject  to  indictment,  trial  and 
punishment,  according  to  law  as  in  other  cases. 

ARTICLE  YII. 

GENERAL  PROVISIONS. 

Section  1.  Members  of  the  Legislature,  attor- 
neys and  counsellors  at  law,  and  all  officers,  execu-  Oathofof 
tive  and  judicial,  before  they  enter  upon  the  duties  fice. 
of  their  respective  offices,  shall  take  the  following 
oath  or  affirmation,  to-wit:  "I  do  solemnly  swear,  (or 
affirm,  as  the  case  may  be,)  that  I  will  support  the 
Constitution  of  the  Confederate  States  of  Ameri- 
ca, and  the  Constitution  of  the  State  of  Mississippi, 
so  long  as  I  continue  a  citizen  thereof,  and  that  I 
will  faithfully  discharge,  to  the  best  of  my  abilities 

the  duties  of  the  office  of ,  according  to  law 

—So  help  me,  God ." 

Sec.  2.  The  legislature  shall  pass  such  laws  to 
prevent  the  evil  practice  of  dueling,  as  they  may 
deem  necessary  ;  and  may  require  all  officers  before  Dueling, 
they  enter  upon  the  duties  of  their  respective  of- 
fices, to  take  the  lollowing  oath  or  affirmation  :  -  I 
do  solemnly  swear,  (or  affirm,  as  the  case  mav  be.) 
that  I  have  not  been  engaged  in  a  duel,  by  seiidiug 
or  accepting  a  challenge  to  fight  a  duel,  or  by  fight- 
ing a  duel,  since  the  first  day  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-three,  nor  will  I  be  ?o  engaged  during  my 
continuance  in  office — So  help  me,  God.'' 

Sec.  3.     Treason  against  the  State  shall  consist 
only  in  lewing  war  against  it,  or  in  adhering-  to  its  q, 
enemies,  giving  them  aid  and  comf or'.     N 
shall  be  convicit;  i  <)'     r       ■•■■■   "  •'( 
mony  of  :-vo  witnesse.^  to  uie  bameovti  ^  t,-.  .   . 
own  confession,  in  open  court. 

Sec.  4.     Every  person  shall  be  disquaiiiied  liom 
holding  an  office  or  place  of  honor  or  profit  ur.dei  Briborx  at 
the  authority  of  this  State,  who  shall  be  convicted  elec^ons 
of  having  given   or  ofiered  any  bribe  to  secure  i.i.- 
election.    Laws  shall  be  made  to  exclude  from  of-  ^^^^^  '^ 
fice  or  suffrage  those  who  shall  hereafter  be  con-  from'^office 
victed  of  binbery,  perjmy,  forgery,  or  other  high 
C1-44 


68  CONSTITUTION   OP  MISSISSIPPI. 

crimes  or  misdemeanors.  The  privilege  of  the  free 
Suffrage,  suffrage  shall  be  supported  l)y  laws  regulating  elec- 
tions, and  prohibiting,  under  adequate  penalties,  all 
undue  influences  therein,  from  power,  bribery,  tu- 
mult, or  other  improper  conduct. 

Sec.  5.  No  person  who  denies  the  being  of  a 
Atheist.  ^^^'  ^^  ^  future  state  of  rewards  and  punishments, 
shall  hold  anv  office  in  the  civil  department  of  this 
State. 
When  Sec.  6.  No  laws  of  a  general  nature,  unless. 
laws  g  0  otherwise  provided  for,  shall  be  enforced  until  sixty 
into  effect  days  after  the  passage  thereof. 

Sec.  7.     No   money   shall  be  drawn   from    the 

Money  treasury,  but  in  consequence  of  an  appropriation 

fronTt^a^  made  by  law  ;  nor  shall  any  a]:)propriation  of  money 

sury.-       ^01'  ^^^6  support  of  an  army  be  made  for  a  longer 

term  than  one  year. 

Sec.  8.  No  money  from  the  treasury  shall  be 
appropriated  to  objects  of  internal  improvement, 
unless  the  bill  for  that  purpose  be  passed  by  two- 
thirds  of  both  branches  of  the  Legislature  ;  and  a 
regular  sta.tement  and  account  of  the  receipts  and 
expenditures  of  public  moneys  shall  be  pu]:>lished 
annually. 

Sec.  9.  No  law  shall  ever  be  passed  to  raise  a 
loan  of  money  upon  the  credit  of  the  State,  or  to 
btateloanpig^^gQ  the  faith  of  the  State  for  the  redemption  of 
any  loan  or  debt,  unless  such  law  be  proposed  in  the 
Senate  or  House  of  Representatives,  and  be  agreed 
to  by  a  majority  of  the  members  of  each  house,  and 
entered  on  the  journals,  with  the  yeas  and  nays 
taken  thereon,  and  be  referred  to  the  next  succeed- 
ing Legislature,  and  published  for  three  months  prc- 
■vdous  to  the  next  regular  election,  in  three  newspa- 
pers of  this  State  ;  and  unless  a  majority  of  each 
branch  of  the  Legislature  co  elected,  after  such 
publication,  shall  agree  to  and  pass  such  a  law  : 
and  in  such  case,  the  yeas  and  nays  shall  be  taken 
and  entered  on  the  journals  of  each  house  ;  Frcr 
vided;  that  nothing  in  this  section  shall  be  so  con- 
strued as  to  prevent  the  Legislature  from  negotiat- 
ing a  further  loan  of  one  and  a  half  millions  of  dol- 
lars, and  vesting  the  same  in  stock  reserved  to  the 
State  by  the  charter  of  the  Planters'  Bank  of  the 
State  of  Mississippi. 


CONSTITTTTIOK  OP   MISSTflSIPM.  6© 

And  provided  further,  That  the  Legislature  may 
raise  a  loan  of  money  and  pledge  the  faith  of  the 
State  for  the  payment  thereof,  when  required  to 
suppress  insurrections,  repel  invasions,  or  provide 
for  the  defense  of  the  State. 

Sec.  10.  Tlie  Legislature  shall  direct,  by  law,  jj^  ""^^^ 
in  wliat  manner,  and  in  what  courts,  suits  may  ^><\j^^,,^j^j",^g 
brought  against  the  State. 

Sec.  II.     Absence  on  business  of  this  State  or 
of  the  Confederate  States  of  America,  or  on  a  visit,  citiz'ship. 
or  necessary  private  business,  shall  not  cause  a  I'oi- 
feiture  of  citizenship  or  residence  once  obtained. 

Sec.  12.     It  sliall  be  the  duty  of  the  Legislature  Doduciion 
to  regulate,  by  law,  the  cases  in  which  deductions  'ro^^  sala- 
shiill  be  made   from  salaries  of  public   officers  for  ^''^^* 
neglect   of  duty  in  their  official   ca])acity,  and  the 
amount  of  such  deduction. 

Sec.  13.      No   member  of   Congress  nor   any 
person  holding  any   office  of  profit   or  trust  under    ^  ^lified 
the  Confederate   States,  (the  office   of  postmaster  fj-oj^   ^f. 
excepted,)  or  any  other  State  of  the  Confederacy,  licc. 
or  under  any  foreign  power,  shall  hold  or  exercise 
any  office  of  trust  or  profit  under  this  State. 

Sec.  14.     Religion,  morality  and  knowledge  be-  S  c  h  o  ols 
ing  necessary  to  good  government,  the  preservation  ^"^  ^^du- 
of  liberty  and  the  happiness  of  mankind,  schools  and  ^**'^'^"- 
the   means   of  education  shall  forever  be  encour- 
aged in  this  State. 

Sec.  15.     Divorces  from  the  bonds  of  matrimo-  ^. 
ny  shall  not   be  granted  but  in  cases  provided  for    '"^^''^®®- 
by  law,  by  suit  in  chancery. 

Sec.  16.     Returns  of  all  elections  by  the  people  Eiccti  o  n 
shall  be   made  to  the  Secretary  of  State,  in  such  returns, 
manner  as  may  be  prescribed  by  law. 

Sec.  17.     No  new  county  chall  be  established 
by  the  legislatm-e,  which  shall  reduce  the  county  or  Counties  , 
counties,  or  either  of  them,  from  which  it  may  be  ^^€'^- 
taken,  to  less  contents  than  five  hundi'ed  and  sixty- 
six  square  miles  ;  nor  shall  any  new  county  be  laid 
off  of  less  contents. 

Sec.  18.    The  legislature  shall  have  power  to 
admit  to  all  the  rights  and  privileges  of  free  white  - 
citizens  of  this  State  all  such  persons  of  the  Choc-  -^°^^^°*' 
taw  and   Chickasaw  tribes  of   Indians  as  shall 
chooso  to  remain  in  this  State,  upon  such  terms  as 
,C~-15 


TO  CONSTITUTION  OP   MISSISSIPPI. 

the    Legislature    may   from    time   to  time  deem 
proper. 

SLAVES. 
E  m  a  nci- 

pation  of     SECTION  1.     The  Legislature  shall  have  no  pow- 
owrna  e  ^^  ^^  ^^^^  1^^^^^  |.^^.  ^|_^^  emancipation  of  slaves  with- 
out the  consent  of  their  owners,   unless  where  the 
slave  shall  have  rendered  to  the  State  some  distin- 
guished service,  in  which  case  the  owner  shall  be 
paid  a  full  equivalent  for  the  slave  so  emancipated. 
They  shall  have  no  power  to  prevent  emigrants  to 
this  State  from  bringing  with  them  such  persons  as 
are  deemed  slaves  by  tlie  laws  of  any  one  of  the 
United   States,  so  long  as  any  pci'son  of  the  same 
age  or  description  shall  be  continued  in  slavery  by 
tlie  laws  of  this  State  ;  Provided,  that  such  person 
or  slave  be  the  bona  fide  property  of  such  emi- 
Slaves  grants  ;  and  provided,  also,  that  laws  may  be  passed 
CO  nvicted  ^^  prohibit  the  introduction  into  this  State  of  slaves 
crimes.  ^^,|^^   ^^^^^   \\a\G   committed   high   crimes  in  other 
States.     They   shall  have  power  to  pass  laws  to 
permit  the   owners  of  slaves  to  emancipate  them, 
saving  tlie  rights  of  creditors,  and  preventing  them 
from  becoming  a  public  charge.     They  shall  have 
full  power  to  oblige  the  owners  of  slaves  to  treat 
them  with  humanity,  to  provide  for  them  necessary 
clothing  and  provisions,  to  abstain  from  all  injuries 
to  them  extending  to  life  or  limb,  and  in  case  of 
Treatme't  their  neglect  or  refusal  to  comply  with  the  direc- 
of  slaves,  tions  of  Such  laws,  to  have  such  slave  or  slaves  sold 
for  the  benefit  of  the  owner  or  owners. 

Sec.  2.     The   introduction  of  slaves  into   this 
State  as  merchandize,  or  for  sale,  shall  be  prohib- 
Slaves  as  [^q^  fj.^^^  am^  ^^^q^  ^\^q  ^yat  day  of  May,  eighteen 
^JJ*^^*^'hundred  and  fifty-three;  Provided,  that  the  actual 
settler  or  settlers  shall  not  be  prohibited  from  pur- 
chasing  slaves  in  any  other  State  in  this  Union 
and  bringing  them  into  this  State  for  their  own 
individual  use,  until  the  year  eighteen  hundred  and 
forty-five. 
Prosecu-     Sec.  3.    In  the  prosecution  of  slaves  for  crimes 
t^ion    ofQf  -^i^cii  the  punishment  is  not  capital,  no  inquest 
slaves.      i^y  ^  grand  jury  shall  bo  necessary  ;  but  the  pro- 
ceediftgs  m  such  cases  shall  bo  regiilattid  by  kw. 


CONSTITUTION  OF   MISSISSIPPI.  71 

MODE  OF  REVISING  THE  CONSTITUTION. 

Whenever  two-thirds  of  each  branch  of  the  legis- 
lature shall  deem  any  change,  alteration  or  amend- 
ment necessary  to  this  constitution,  such  proposed 
change,  alteration  or  amendment  shall  be  read  and  ^.  ^  ^^|j^^" 
passed  by  a  majority  of  two- thirds  of  each  house  revised, 
respectively  on  each  day  for  three  several  days ; 
public  notice  thereof  shall  then  be  given  by  the 
Secretary  of  State,  at  least  six  months  preceding 
the  next  general  election,  at  which  the  qualified 
electors  shall  vote  directly  for  or  against  such 
change,  alteration  or  amendment ;  and  if  it  shall 
appear  that  a  majority  of  the  qualified  electors 
voting  for  members  of  the  legislature  shall  have 
voted  for  the  proposed  change,  alteration  or  amend- 
ment, then  it  shall  l)e  inserted,  by  the  next  succeed- 
ing legislature,  as  a  part  of  this  constitution,  and 
^ot  Otherwise. 

SCHEDULE. 

Section  1.    All  rights  vested,  and  all  liabilities  Rights 
incurred,  shall  remain  the  same  as  if  this  constitu-  vested. 
tion  had  not  been  adopted. 

Sec.  2.  All  suits  at  law  or  in  equity,  now  pend- 
ing in  the  several  courts  of  this  State,  may  be 
transferred  to  such  courts  as  may  have  proper  ju- 
risdiction thereof. 

Sec.  3.  The  Governor,  and  all  officers,  civil 
and  military,  now  holding  commissions  under  the 
authority  of  this  State,  shall  continue  to  hold  and  ^^c  e  r  s , 
exercise  their  respective  offices  until  they  shall  be  ^^' 
superseded  pursuant  to  the  provisions  of  this  con- 
stitution, and  until  their  successors  be  duly  quali- 
fied. 

Sec.  4.  All  laws  now  in  force  in  the  State,  not 
repugnant  to  this  Constitution,  shall  continue  to 
operate  until  they  shall  expire  by  their  own  limita- 
tion, or  be  altered  or  repealed  Ijy  the  Legislature. 

Sec.  5.  Immediately  upon  the  adoption  of  this 
constitution,  the  president  of  this  convention  shall 
issue  writs  of  election,  directed  to  the  sheriffs  of 
the  several  counties,  requiring  them  to  cause  an 
election  to  be  held  on  the  first  Monday  and  day 
C— 16 


rt2  CONSTITUTION  OF  MISSISSIPPI. 

followirig  in  December  next,  for  members  of  the 
Legislature,  at  the  respective  places  of  holding- 
elections  in  said  counties  ;  which  elections  shall  be 
conducted  in  the  manner  prescribed  by  the  existing 
election  laws  of  the  State  ;  and  the  members  of  the 
Legislature,  thus  elected,  shall  continue  in  office 
until  the  next  general  election,  and  sliall  convene 
at  the  seat  of  government  on  the  lirst  Monday  in 
January,  eighteen  hundred  and  thirty-tliree  ;  and 
shall,  at  their  lirst  session,  order  an  election  to  be 
held  in  every  county  of  this  Sta,te,  on  the  first  Mon- 
day of  May  and  day  following,  eigliteen  hundred 
and  thirty -three,  for  all  state  and  county  officers 
under  this  constitution,  (members  of  the  Legisla- 
ture excepted  ;)  and  the  other  officers  then  elected 
shall  continue  in  office  until  the  succeeding  general 
election,  and  after,  in  the  same  manner  as  if  the 
election  had  taken  place  at  the  time  last  aforesaid. 

How  lo  "•  ^^^'  ^'^*  U^^^^^  ^^^^  fii'S^  enumeration „_shall  be 
0 ff icer1j™^de,  as  directed  by  this  Constitution,  the  appc^- 
first  elect-  tionment  of  senators  and  representatives  among 
ed  to  con-  the  several  districts  and  counties  in  this  State, 
.  t  i  n  u  e  in  ^\iq]\  remain  as  at  present  fixed  by  law. 
^®^^-  ,  P.  RUTILUS  R.  PRAY, 

President  of  the  Convention,  and 
Representative  from  the  county  of  Rancock. 
Attest  : 

John  H.  Mallory.  Secretari/. 


AMENDMENTS  TO   THE   CONSTITUTION. 


SLAVES. 

The  LeR'islature  shall  have,  and  are  hereby  vest- 
ed with  power  to  pass  such  laws  regulating  or  pro- 
hibiting the  introduction  of  slaves  into  this  State, 

.  as  may  be  deemed  proper  and  expedient. 

/,,  Adopted,  February  2d,  1846. 


AMENDMEiTTS  TO  THE  CONSTlfOTtOiC.  73 

BOARD    OF   POLICE. 

The  qualified  electors  of  each  coiiuty  shall  elect 
five  persons,  by  districts,  for  the  term  of  two  years, 
who  shall  constitute  a  Board  of  Police  of  each 
county,  a  majority  of  whom  may  transact  business  : 
which  body  shall  have  full  jurisdiction  over  roads, 
highways,  ferries  and  bridges,  and  all  other  matters 
of  county  policy  :  and  shall  order  all  county  elec- 
tions to  fill  vacancies  that  may  occur  in  the  offices 
of  their  respective  coimties. 

The  clerk  of  the  Court  of  Probnte  shall  be  clerk 
of  the  Boards  of  Countv  Police. 

Adopted.  March  12th,*  1852. 

CfL\XCERY    COURT. 

Chancery  Courts,  with  full  jurisdiction  in  mat- 
ters of  equity,  shall  be  held  in  each  judicial  district 
Ijy  the  circuit  judge  thereof,  at  such  time  and  place 
as  may  be  directed  by  law.  The  Superior  Court 
of  Chancery,  and  tlie  several  Vice- Chancery  Courts, 
shall  continue  as  now  organized,  until  the  first 
^Monday  of  November,  one  thousand  eight  hundred 
and  fifty-seven,  for  the  disposition  of  cases  noA\' 
depending  therein.  The  Legislature  shall  provide 
by  law  for  the  preservation  of  the  records  of  the 
said  Superior  Court  of  Chancery  and  of  said  Vice- 
Chancery  Courts,  and  also  for  tlie  transfer  of  all 
causes,  that  may  remain  undetermined  therein,  to 
other  courts,  for  final  decision. 

Adopted.  Februnry  6th.  185fi. 

TENURE   OF   PUBLIC    OFFICERS. 

All  public  officers  in  this  State,  Legislative,  Ex- 
ecutive and  Judicial,  whose  terms  of  office  expire 
at  the  general  election  to  be  held  in  the  year  one 
thousand  eight  hundred  and  fifty-seven,  or  at  any 
subsequent  general  election,  shall  continue  to  hold 
tlieir  offices  until  the  first  Monday  of  January  next 
following  the  expiration  of  said  terms,  and  until 
their  successors  shall  be  qualified  ;  Provided,  such 
of  said  officers  as  are  required  to  give  bond  for  the 
C— 17 


H  AMENDMENTS  TO  THE  CONSTITUTION. 

discharge  of  their  duties,  shall  give  bond  and  secu- 
rity for  the  said  extended  term,  as  may  be  provided 
by  the  Legislature  ;  and  the  terms  of  office  of  all 
officers  chosen  at  the  general  election  in  the  year 
eighteen  hundred  and  fifty-seven,  or  at  any  subse- 
quent general  election,  shall  commence  on  the  first 
Monday  of  January  next  succeeding  the  election, 
and  shall  continue  for  the  time  now  fixed  by  the 
constitution,  and  until  their  successors  shall  be 
qualified. 
Adopted,  February  6th,  1856, 

ELECTIONS. 

All  general  elections  by  the  people  of  this  State 
shall  be  held  on  the  first  Monday  in  October,  and 
be  concluded  in  one  day  ;  on  the  first  Monday  in 
October,  1857,  and  biennially  thereafter,  an  election 
shall  be  held  for  representatives  in  Congress,  and 
all  State  officers  and  members  of  the  Legisla- 
ture, except  for  officers  and  senators  entitled  to 
hold  over  after  November,  1857,  who  shall  con- 
tinue in  office  until  their  successors  are  entitled 
to  succeed  them  therein.  The  Legislature  shall 
convene  on  the  first  Monday  of  November, 
1857,  and  biennially  thereafter,  but  may  be  espe- 
cially convoked  by  the  Governor  at  other  times. 
The  Governor's  official  term  shall  commence  on  the 
third  Monday  of  November,  and  that  of  the  Secre- 
tary of  State,  Auditor  of  Public  Accounts,  State 
Treasurer  and  Attorney  General,  on  the  first  Mon- 
day of  January  next  after  his  and  their  election ; 
but  the  Attorney  General  shall  hold  his  office,^  as 
heretofore,  for  the  term  of  four  years.  On  the  first 
Monday  of  October,  1858,  and  biennially  thereaf- 
ter, an  election  shall  be  held  for  all  county,  district, 
judicial  and  ministerial  officers,  (except  officers  who 
may  then  be  entitled  to  hold  over  after  January, 
1859,  or  until  the  time  of  holding  another  election;) 
and  the  official  term  of  all  such  officers  then  and 
thereafter  elected,  shall  commence  on  the  first  Mon- 
day of  January  next  after  this  election  ;  but  all 
such  officers  elected  in  1855,  or  previously,  whose 
official   terms,   in   the   absence  of  this   provision, 


AMENDMENTS  TO   THE    CONSTITUTION.  75 

ilpnld  expire  in  November,    1857,   shall  continue 
in  office  until  the  first  Monday  of  January,  1859. 
Adopted,  February  2d,  1856. 

AMENDMENTS   BY   THE   STATE    CONVENTION. 

Be  it  ordained  and  declared,  and  it  is  hereby  or- 
dained and  declared,  That  the  Legislature  shall 
have  power  to  fix  the  time  of  holding  all  elections, 
and  may  adjust  the  terms  of  office  to  conform  to 
any  changes  hereafter  to  l)e  made,  and  may  fix  the 
time  for  the  commencement  of  its  biennial  sessions. 

Be  it  ordained  and  declared,  and  it  is  herehf/  or- 
dained and  declared,  That  if  any  part  of  the  pres- 
ent^  Constitution  of  the  State  of  Mississippi  shall 
be  in  conflict  with  any  ordinance  passed  by  this 
Convention,  sucli  part  of  the  said  Constitution 
shall  be  held  to  be  abrogated  and  annulled  to  the 
extent  of  such  conflict,  but  no  farther. 

Adopted,  January  26th,  1861. 

WILLIAM  S.  BARRY, 
President   o  fhe    Convention. 


C— 18 


ORDINANCES 


OF   THE 


STATE   OF  MISSISSIPPI. 


CHAPTER  I. 

AN  ORDINANCE   to  adopt,  and   ratify  the  Constitution 
adopted  by  the  Convention  at  Montgomery,  Alabama. 

Section.  1.  Be  it  ordained  by  the  people  of 
Mississippi  in  Convention  assembled,  And  it  is 
hereby  ordained  by  authority  of  the  same,  that  the 
Constitution  adopted  by  the  Convention  at  Mont- 
gomery, in  the  State  of  Alabama,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty- 
one,  for  the  permanent  Federal  Government  of  the 
Confederate  States  of  America,  be  and  the  same 
is  hereby  adopted  and  ratified  by  the  State  of  Mis- 
sissippi,'acting  in  its  sovereign  and  independent 
character,  and' the  State  of  Mississippi  hereby  ac- 
cedes to  and  becomes  a  member  of  the  Confedera- 
cy provi<Mifor  in  said  Constitution. 
"  Adopted,  March  29,  1861. 


78-  ORDINANCES  OF  MISSISSIPPI. 

CHAPTER  11. 

AN  ORDINANCE  appointing  A.  M.  Clayton,  W.  S.  Barry, 
J.  A.  P.  Campbell,  W.  Brooke,  W.  P.  Harris  and  James 
T.  Harrison,  representatives  or  delegates  from  this  State, 
in  the  Provisional  Congress  of  the  Confederate  States  of 
America. 

Whereas.  The  Congress  contemplated  in  the  res- 
olutions of  this  Convention,  adopted  January 
26th,  1861,  was  not  created  under  the  Provision- 
al Constitution  of  the  Confederate  States  ;  And 
Whereas,  it  is  desirable  to  conform  me  action  of 
this  Convention  to  the  provisions  of  the  said  pro- 
visional Constitution  ;  Therefore, 

SectiOiM  1 .  Be  it  ordained  hy  the  people  of  the 
State  of  Mississippi  in  Convention  assembled.  That 
A.  M.^  Clayton.  W.  S.  Barry,  J.  A.  P.  Campbell, 
W.  Brooke,  W.  P.  Harris  and  Jas.  T.  Harrison, 
be,  and  they  are  hereby  appointed  representatives 
or  delegates  from  this  State,  in  the  Provisional  Con- 
gress of  the  Confederate  States  of  America. 

Sec.  2.  Be  it  further  ordained.  That  this  Con- 
vention now  proceed  to  the  election  of  another 
delegate  or  representative  from  this  State  to  said 
Provisional  Congress,  and  that  said  election  be 
conducted  by  ballot. 

Sec.  3.  Be  it  further  ordained,  That  we  cordially 
approve  and  endorse  the  action  of  our  delegates 
at  Montgomery. 

Passed  Convention,  March  30,  1861. 


CHAPTER  III. 

AN  OEDINANCE  in  relation  to  lands  in  the  State  of  Mis- 
sissippi belonging  to  Indian  Orphans. 

Section  1 .  Beit  enacted  hy  the  people  of  Mis- 
sissippi in  Convention  assembled^  That  all  lands 
situate  in  this  State,  which  by  treaty  stipulations, 


ORDINANCES  OF  MISSISSIPPI.  TO, 

or  otherwise,  belongs  to  Indians,  especially  those 
lands  reserved  to  the  Orphans  of  the  Chickasnw 
or    Choctaw  tribes  of  Indinns,   shall    be  sold  1 
the  rigistcr  and  receiver  of  the  Land  office,  p  (  t    ^ 
city  of  Jackson,  on  the  same  terms,  and  in  llie   :  ' 
manner  they  were   sold  prior  to   the  Ordiiiar,-  -  o 
Secession,  passed  by  the  (  onvention  of  tliis  ^  : 
on  January  the  9th,  1861. 

Sec.  2.  Beit  further  ordained,  That  the. pro- . 
ceeds  of  such  sales  shall  be  paid  by  the  receiver  of 
the  land  office  into  the  State  Treasury,  and  it  shall 
be  the  duty  of  the  treasurer  of  the  State  to  keep 
an  accurate  account  of  the  amounts  so  received,  and 
not  appropriate  or  pay  the  same  upon  any  demand  . 
against  the  State,  but  safely  keep  the  same  until 
legislation  is  had  upon  the  subject  by  the  legisla- 
ture of  the  State  of  Mississippi,  or  the  Congress 
of  the  Confederate  States. 

Sec.  3.  Be  it  further  ordained,  That  l-.e  Con- 
vention of  the  State  of  Alississippi  desire  that  the 
Congress  of  the  Confederate  States  shall  control 
the  funds  arising  from  the  sales  aforesaid,  in  iru>^r 
for  said  Indians,  and  make  such  settlement  with 
them  in  relation  thereto,  and  the  government  of 
the  United  States  of  America,  as  shall  be  equitJi- 
ble  and  proper. 

Passed  Convention,  March  29th.  1861. 


CHAPTER  IV. 

AN  ORDINANCE  to  define  the  power  of  the  Legislature 
of  this  State,  in  relation   to  the  Ordinances  and  Resolu- 
tions adopted  by  this  Convention. 
Section  1.     Be  it  ordained  by  the  j^eople  of  the 
State  of  Mississippi  in  Convention  assembled,  That 
all  the  Ordinances  and  Resolutions  adopted  by  the 
people  of  this  State,  assembled  in  this  Convention, 
shall  be  subject  to  repeal  or  modification,  by  the 
legislature  of  this   State  in  the  same  manner  as  if 
they  had  been  passed  by  that  body,  except  the  fol- 
lowing, to-wit :  "An  ordinance  entitled  an  ordi- 


80  ORDINANCES  OF  MISSISSIPPI. 

nance  to  dissolve  the  union  between  the  State  of 
Mississippi,  and  the  other  States  united  with  licr 
under  a  compact  entitled,  ''the  Constitution  of  the 
United  States  of  America,''  adopted,  on  the  9th 
day  of  January.  A.  I).  1861,''  and  "an  Ordinance 
entitled,  an  Ordinance  to  adopt  and  ratify  the  Con- 
stitution, adopted  at  Mont<romerv,  Alabama,  A.  D. 
1861,  adopted  on  the  29th  day  of  March,  A.D.  1861," 
and  an  ordinance  entitled  "an  Ordinance  to  amend 
the  Constitution  of  the  State  of  Mississippi  in 
certain  particulars,  adopted  on  the  26th  day  of 
January,  A.  D.  1861,''  and  also  an  ordinance  en- 
titled "an  Ordinance  to  amend  the  Constitution  of 
the  State  of  Mississippi  in'  several  particulars," 
adopted  on  the  30th  day  of  March,  A.  D.  1861, 
and  so  much  of  an  ordinance  adopted  on  the  26tli 
day  of  January.  A.  D.  1861,  entitled  an  ordinance 
to  raise  means  for  the  defense  of  the  State,  as  is 
therein  declared  to  be  irrepealable. 
Adopted  March  30,  1861. 


CHAPTER  V. 

AN  ORDINANCE  for  the  relief  of  certain  Counties  of  this 
State. 

Whereas,  It  has  been  brought  to  the  knowledge 
of  this  Convention  that  in  consequence  of  the 
protracted   and   destructive  drouth  of  the  last 
summer,  there  was  almost  a  total  failure  of  tlie 
grain   crop  in  several   of  the  counties  of  this 
State,  and  the  inhabitants  of  such  counties  can- 
not provide   themselves  witli  necessary  su]^plies 
of  food  until  another  crop  shall  mature  :  There- 
fore, in  order  to  afford  the  required  relief  to  the 
citizens  of  this  State  who  may  be  involved  in 
this  misfortune  and  destitution; 
Sec.  1.  Be  it  ordained  hy  the  people  of  3Iis^s{s- 
T)  f      *^ippiin  Convention  assembled ,  That  the  Boards  of 
Boards  of  ^^^-^^^^  ^^  *^^  several  counties  in  this  State,  refer- 
Police,      ^'6^  t^  ^^^  ^1*^  foregoing  preamble,   shall  have  full 


ORDINANCES  OF  MISSISSIPPI.  81 

power  and  authority  to  employ  any  funds  belong- 
ing to  such  counties  that  may  be  in  said  county 
treasuries  respectively,  in  the  purchase  and  pro- 
curement of  corn,  or  such  other  necessary  articles 
of  food  as  the  inhabitants  of  such  counties  may 
require,  and  if  the  monies  so  appropriated,  shall 
belong  to  the  school,  or  other  trust  fund  of  the 
county,  the  Board  of  Police  of  such  county  shall 
make  provision  for  the  re-payment  of  the  same  into 
the  county  treasury,  within  the  period  of  three 
years,  by  a  special  tax  to  be  levied  by  such  Board 
of  Police  for  that  purpose. 

Sec.  2.  Be  it  further  ordained,  That  v/hen  there 
arc  no  funds  of  the  county  to  be  used  as  ^^^^^^Countv 
provided,   the   Board  of  Police  of  any  county  re- -y^ar  rants 
quiring  supplies  of  food  as  aforesaid,   shall   have  when  to 
power  and  authority  to  issue  county  warrants  for  be  issued. 
such   an  amount  as  the  exigencies  of  the  inhabi- 
tants of  such  county  may  render  necessary,  which  • 
warrants  shall  be  made  payable   to  the  State  of 
Mississip])i,  within  one  year  after  the  date  of  the 
same,  and  shall  bear  interest  at  tlie  rate  of  ten  per 
cent,  per  annum  from  their  date  ;  and  upon   de- 
positing such  warrant  or  warrants  witli  the  auditor    Auditor 
of  public  accounts  of  this  State,  accompanied  by  a  ^^Y  ^^^ue 
written  certificate  or  declaration  of  tlie  Board  of  ^^^^"*' 
Police  issuing  the  same,  and  verified  by  the  official 
seal  of  sucli  Board  of  Police,  that  such  warrant  or 
warrants  are  issued  only  for  the  purpose  of  pro- 
curing food  necessary  for  the  relief  of  the  inhabi- 
tants of  such  county,  and  that  the  proceeds  thereof 
shall  be  faithfully  so  applied,  it  shall  be  the  duty  of 
the  auditor  to  issue  his  warrant  upon  the  State  treas- 
ury, in  favor  of  the  Board  of  Police  of  such  coun- 
ty,  for  the   amount   of    the   county  Avarrants   so 
deposited  witli  him  to  be  paid  out  of  any  funds  in 
the  treasury,  not  otherwise  appropriated;  and  such 
warrants  issued  by  the  auditor  of  public  accounts 
shall  be  received  in  the  payment  of  taxes  due  the 
State,  and  may  be  redeemed  by  the  sheriff  of  any 
county  having  tax  funds  in  his  hands  belonging  to 
the  State,  or  received  in  payment  of  treasury  notes 
issued  under  a  former  ordinance   of  this  Conven- 
tion :    Provided,   the  auditor  shall  not  issue  war- 
rants in  favor  of  the  Board  'of  Police,  of  any  one 


82  ORDINANCES  OF  MISSISSIPPI. 

county  for  an  amount  exceeding  the  sum  of  three 
thousand  dollars  ($3000)  until  after  the  15th  day 
of  May  next;  that  each  county  intended  to  be  re- 
lieved by  this  ordinance,  may  obtain  the  benefit  of 
its  provisions,  nor  shall  the  aggregate  amount  of 
all  the  warrants  issued  by  the  auditor  as  herein 
provided,  exceed  the  sum  of  one  hundred  thousand 
($100,000)  dollars. 

Sec.  3.    Be  it   further  ordained,  That  it  shall 
Special  ^^^  ^^^^  ^^^3'  ^^  *^^^  Board  of  Police  of  each  county 
tax    how  availing  itself  of  the  provisions  of  this  ordinance, 
levied.       to  levy  a  special  tax  sufficient  to  redeem  and  dis- 
charge the  county  vrarrants  issued  by  such  Board 
of  Police,  and  deposited  with  the  auditor  of  public 
accounts,  as  herein  provided;  and  upon  the  matu- 
rity of  said  warrants  it  shall  be  the  duty  of  such 
Board  of  Police  to  pay  to  the  auditor  the  amount 
due  thereon,  and  he  shall  keep  an  account  of  the 
number  and  description  of  the  county  warrants  so 
deposited  with  him  and  of  the  monies  received  by 
him,  in  redemption  thereof,  and  shall  pay  over  the 
same  into  the  State  ireasury. 
Adopted  March  30,  1801. 


CHAPTER  YI. 

RESOLUTIONS  in  relation  to  the  Secretary  of  the  Conven- 
tion. 

Resolved,  That  E.  P.  Eussell,  Secretary  of  the 
Convention,  be  allowed  the  sum  of  fifty  dollars  for 
services  rendered,  in  revising  and  correcting  the 
Journals  of  the  Convention,  held  in  January  last, 
to  be  paid  for  out  of  any  money  in  the  treasury 
not  otherwise  appropriated,  on  the  warrant  of  the 
auditor  of  public  accounts. 

Resolved  further,  That  he  be  allowed  three  extra 
days  after  the  adjournment  of  the  Convention  to 
complete  the  duties  assigned  him,  and  that  he  be 
allowed  the  compensation  fixed  by  law,  to  be  paid 
for  out  of  any  money  in  the  treasury  not  otherwise 


ORDINANCES  OF  MISSISSIPPI.  83 

appropriated,   on  the  warrant  of  the  auditor  of 
public  accounts. 

Adopted  March  29,  1861. 


CHAPTER  VII. 

A  EESOLUTION  authorizing  the  Auditor  of  Public  Ac- 
counts to  issue  duplicate  warrants  to  W.  T.  Huggins  and 
Thos.  M.  Blackwell. 

Resolved,  hy  the  Convention  of  Mississippi,  That 
the  auditor  of  public  accounts  be  authorized  to 
issue  duplicate  warrants  to  W.  T.  Huggins,  asses- 
sor of  the  county  of  Chickasaw,  for  a  sum  not  to 

exceed  two  hundred  dollars,  issued  on  the  

day  of ,  1860,  and  to  Thos.  M;  Black- 
well,  clerk  of  the  Circuit  Court  of  said  county, 
for  a  sum  not  to  exceed  two  hundred  dollars,  issued 

on  the day  of ,  1860,  upon  their 

entering  into  bond  and  security  to  the  State  of 
Mississippi,  respectively,  in  double  the  amount  of 
said  sums,  the  bonds  to  be  approved  by  the  auditor 
to  secure  the  State  against  all  losses  in  the  prem- 
ises. 

Adopted  March  30,  1860. 


CHAPTER  VIII. 

RESOLUTION  in  relation  to  the  State  of  Mississippi  sub- 
scribing for  five  hundred  copies  of  the  proceedings,  debates, 
&c ,  as  published  by  J.  L.  Power. 

Resolved,  hy  the  people  of  tJie  State  of  llissis- 
sippi,  in  Convention  assembled,  That  the  State  of 
Mississippi  hereby  subscribes  for  five  hundred 
copies  cif  the  Proceedings,  Debates,  &c.,  of  the 
first  session  of  this  Convention,  as  published  by 
J.  L.  Power:   Provided,  That  he  add  thereto  the 


84  ORDINANCES  OF  MISSISSIPPI. 

proceedings,  ordinances,  <fec.  of  this  session,  and 
the  debates  in  full  on  tlie  ratification  of  the  Per- 
manent Constitution  of  the  Confederate  States  of 
America  :  And  provided  further,  Tliat  the  cost 
of  each  volume  shall  not  exceed  one  dollar  and 
fifty  cents;  and  when  the  said  work  is  published, 
one  cop_Y  shall  be  sent  to  each  member  of  this  Con- 
vention, and  the  balance  to  be  delivered  to  the 
Secretary  of  State;  fifty  copies  to  be  preserved  in 
his  office,  and  tlie  balance  to  be  distributed  amon<^ 
the  several  courts  of  this  State;  and  on  the  certifi- 
cate of  the  Secretary  of  the  State  that  the  terms 
of  this  resolution  have  been  complied  with,  tlie 
auditor  shall  issue  his  warrant  in  behalf  of  the 
said  J.  L.  Power. 

Adopted  March  30,  1861. 


CHAPTER  IX. 

EESOLUTION  authorizing  the  President  of  the  Conven- 
tion to  issue  Certificates  in  favor  of  Samuel  Benton,  H. 
W.  Walton,  James  R.  Chalmers,  and  Israel  Welsh. 

liesolved,  by  the  people  of  Mississippi  in  Con- 
vention assembled.,  That  the  President  of  the  Con- 
vention be  and  is  hereby  instructed  upon  the  final 
adjournment  of  this  body  to  issue  certificates  in 
favor  of  Hons.  H.  AV.  Walter,  Samuel  Benton, 
James  R.  Chalmers,  and  Israel  Welsh,  for  such 
sums  respectively  as  their  mileage  and  per  diem 
during  the  present  called  session  would  amount 
to,  they  being  delegates  to  this  Convention  whose 
absence  is  occasioned  by  their  response  to  the  call 
of  the  State  Executive  for  volunteer  troops  to  be 
placed  at  the  disposal  of  the  government  of  the 
Confederate  States. 

Adopted  March  29,  1861. 


CHAPTER  X. 

KESOLUTIONS  in  relation  to  the  Mississippi  Volunteers. 
Ist.  Resolved,    hy  the  people  of  Mississippi  in 


ORDINANCES  QF   MISSISSIPPI.  85 

Convention  assembled,^  That  the  prompt  response 
of  the  gallant  Mississippi  Volunteers  to  the  call  of 
the  Pre'sident  of  the  Confederate  States,  deserves 
the  highest  commendation  of  the  Convention, 
and  gives  the  strongest  assurance  of  attachment  of 
the  people  of  Mississippi  to  the  common  cause. 

2d.  Resolved,  That  the  Convention  deems  it 
proper  to  convey  to  the  volunteers  the  assurance 
tliat  Mississippi  will  promptly  attacli  herself  to 
the  Confederacy  to  whose  standard  her  citizen 
soldiers  are  rallying. 

3rd.  Resolved,  That  the  President  of  this  Con- 
vention telegrapli  these  resolutions  to  the  officers 
in  command  of  the  volunteers  at  Mobile,  and  re- 
quest him  to  cause  them  to  be  road  at  the  heads  of 
companies. 

Adopted  March  28,.  18(31. 


CHAPTER  XL 

A  RESOLUTION  in  relation  to  the  publication  of  the 
Journals  and  Ordinances  of  the  present  cession  of  the 
Convention. 

Resolved,  by  the  bicdc  of  Mississippi  in  Conven- 
tion assembled,  That  the  provisions  of  an  ordinance 
adopted  January  26,  1861,  for  publication  of  the 
Ordinances  and  Journals,  shall  be  applied  to  the 
publication  of  the  Journals  and  Ordinances  of  this 
cession 

Adopted  March  30,  1861. 


CHAPTER  XII. 

AN  ORDINANCE  in  reference  to  the  Marine  Hospital  at 
Vicksburg. 

Sec.  1.  Be  it  ordained  hy  the  people  of  Missis- 
sippi in  Convention  assembled,  That  the  Marifie 
Hospital  at  the  City  of  Vicksburg,  be  and  the  same 


ORDINANCES  OP   MISSISSIPPI. 

same  is  hereby  tendered  to  the  Government  of  the 
Confederate  States,  to  be  applied  to  the  purpose  for 
which  it  was  erected,  and  tliat  the  Governor  be  au- 
thorized to  make,  or  cause  to  be  made  such  deed  of 
transfer  and  assignment  as  may  be  necessary  so 
soon  as  the  Government  aforesaid  shall  signify  to 
him  its  acceptance  of  said  building  and  premises. 
Adopted  March  30,  1861. 


CHAPTER  XIII. 

AN  ORDINANCE  to  provide  a  Coat  of  Arms  and  Flag  for 
the  State  of  Mississippi. 

Sec.  1.  Be  it  ordained  hy  the  'people  of  Missis- 
sippi in  Convention  .assembled,  That  the  Governor 
of  this  State  be  authorized  and  requested  to  have 
prepared  a  Coat  of  Arms  and  Flag  for  this  State, 
according  to  the  recommendations  of  the  report 
of  the  special  committee  having  charge  of  those 
matters,  made  to  the  late  session  of  this  body,  ex- 
cept that  the  design  representing  the  Eagle,  the 
nest  of  eaglets,  and  serpent  be  omitted,  and  he 
shall  cause  said  Coat  of  Arms  to  be  engraved  as 
the  seal  of  this  State,  to  be  used  in  all  cases  when 
said  seal  is  necessary,  but  this  ordinance  shall  not 
render  illegal  or  invalid  the  use  of  such  seals  as 
may  be  now  used  by  any  County  or  State  officer  in 
verifying  his  official  act. 

Adopted  March  30,  1861. 


CHAPTER  XIV. 

RESOLUTION  in  relation  to  the  Organization  of  the  Per- 
manent Government  under  the  Constitution  of  the  Con- 
federate States. 

Besolved,  hy  the  people  of  Mississippi  in  Con- 
vention assembled,   That  it  is  the  sense  of    this 


ORDINANCES  OF  MISSISSIPPI.  87 

Convention  that  the  Government  under  the  Per- 
manent Constitution  of  the  Confederate  States 
should  be  organized  and  put  into  operation,  at  as 
early  a  period  as  practicable  and  consistent  with 
the  public  safety,  and  that  the  delegates  of  this 
State  to  the  Provisional  Congress,  be  requested  to 
urge  the  policy  indicated  by  this  resolution  upon 
that  body. 

Adopted  Marcli  30,  1861. 


CHAPTER  XY. 

A  RESOLUTION  in  relation  to  certain  Volunteer  Com. 
panies  therein  named. 


Resolvetl,  by  the  people  of  the  State  of  Mis- 
sissippi in  Cenveiition  assembled.  That  the  offi- 
cers and  private  soldiery  of  tlie  following  named 
volunteer  companies ;  Chickasaw  Guards,  com- 
manded by  Capt.  Tucker  ;  Columbus  Riflemen, 
commanded  by  Capt.  Baldwin  ;  Lowndes  South- 
rons, commanded  by  Capt.  George  Lipscomb; 
Prairie  Guards,  commanded  by  Capt.  J.  T.  W. 
Hairston;  Noxubee  Rifles,  commanded  by  Capt. 
Weir;  Quitman  Light  Lifantry,  commanded  by 
Capt.  Duck  ;  Enterprize  Guards,  commanded  by 
Capt.  John  W.  O'Ferrell ;  Lauderdale  Rifles,  com- 
manded by  Capt.  Constantine  Rea;  and  Col.  C. 
H.  Abort,  Lieut.  W.  B.  Wade,  Major  S.  F.  But- 
ler, Quarter-Master  Wm.  H.  Brown,  and  Commis- 
sary Charles  F.  Moreton,  be  allowed  one  month's 
pay  at  the  rate  which  is  now  allowed  by  law  for 
officers  and  private  soldiers  in  active  service,  for 
their  services  at  Pensacola;  and  that  the  captains 
of  the  above  mentioned  companies  are  authorized 
to  draw  the  pay  for  their  respective  companies, 
and  that  the  auditor  of  public  accounts  issue  his 
warrants  for  the  same,  pavable  out  of  the  Military 
Fund. 

Adopted  March  25,  1861. 


^  OUDTNANCES  OP  snSSISSTPPI.  ' 

CHAPTER  XYI. 

AN  ORDrNANCE  to  authorize  the  entry  and  sale  of  waste 
and  unappropriated  lands  in  the  State  of  Mississippi. 

Sec.  1.  Be  it  ordained  hij  the  people  of  the 
.  State  of  Missimppi  in  Convention  assembled,  That 
so  much  of  the  ordinanco  adopted  by  this  Conven- 
tion on  the  twenty-sixth  day  of  January,  A-  D. 
1861,  suspending  the  sale  and  entry  of  waste  and 
unappropriated  lands  in  this  State,  formerly  held 
by  the  United  States,  be  and  the  same  is  hereby 
repealed. 

Sec.  2.     Be  it  furiher  ordained,  That  tlie  Re- 
P    .        gisters  and  Receivers  of  the  several  Land  Offices 
a  n^d^  rT- ^^  this  State,  bo  and  they  are  hereby  required  and 
ceivers,  authorized  to  perform  all  the  duties  relating  to  the 
duty  of,    sale  and  entry  of  said  lands  in  the  name  of  the  State 
of  Mississippi,  according  to  the  rules  and  regulations 
heretofore  existing  under  the  laws  of  the  United 
States,  so  far  as  the  same  is  applicable:  Provided, 
that  this  ordinance  shall  be  held  to  offer  said  lands 
ibr  sale  and  entry  without  any  other  offer  or  pro- 
clamation  for  that  purpose;  and  shall  authorize 
the  sale  and  entry  of  said  lands,  according  to  the 
laws,  rules  and  regulations  of  the  United  States  in 
force  on  January  9th,  1861. 

Sec.  3.     Be  it  further  ordained,  That   all  re- 
turns and  re])orts  of  the  registers  and  receivers  of 
the  Ltind  Offices  in  this  State,  required  to  be  made 
by  the  laws  of  the  United  States  in  force  on  the  • 
Q^        yth  day  of  January,  1861,  to  any  office,  bureau,  or 
turns,     department  of    the  government  of    said  United 
States,  shall  hereafter  be   made   by  them  to  the 
Secretary  of  State  of  the  State  of  Mississippi.     • 
Sec.  4.     Be  it  further  ordained,  That  the  regis- 
ters and  receivers  of  said  land  offices  shall  imme- 
diately, before  they  shall  be  authorized  to  act  un- 
Bondder  this  ordinance,  execute  a  bond  vrith  suliicient 
required,  security,  in  a  penalty  of  $  ,  to  be  approved 

by  the  Governor,  payable  to  the  State  of  Missis- 
sippi, conditioned  tliat  they  will  faithfully  dis- 
charge all  their  duties  according  to  law,  and  pay 
over  all  monies  that  may  come  to  their  hands,  by 
yirtue  of  their  offices,  to  tlie  treasury  of  the  State 


ORDINANCES  OF  MISSISSIPPI.  89 

of  Mississippi,  at  such  times  as  shall  be  required 
by  law. 

Sec.  5.     Be  it  further  o/'c^amec/,  That  it  shall 
be  the  duty  of  the  receivers  of  said  laud  offices  to      Mpney 
pay  over  all  mouies  that  may  come  to  their  hauds,  when  paid 
by  virtue  of  their  said  offices,  to  the  State  Treas-  over, 
urer  of  the  State  of  Mississippi,  quarterly,  on  the 
first  day  of  January,  April,  July,  and  October  in  . 

each  year. 

Sec.  6.  Be  it  further  ordained,  That  all  live 
oak  timber  upon  the  aforesaid  lands,  be  and  the  -j^.^^  ^^j. 
same  are  hereby  reserved  from  sale,  and  all  such  timber, 
timber  is  hereby  donated  and  appropriated  to  the 
Government  of  tlie  Confederate  States  of  Amer- 
ica, for  the  purpose  of  ship-buildinii-,  and  said  Gov- 
ernment is  hereby  authorized  and  empowered  to 
enter  on  any  of  said  lands,  and  cut  and  carry  off 
said  timber,  either  before  or  after  the  sale  of  said 
lands. 

Sec.  7.  Be  it  farther  ordained,  That  this  ordi- 
nance shall  not  go  into  effect  until  the  Constitution 
of  the  Confederate  States  of  America  shall  be  rat- 
ified by  this  State,  and  at  least  fom*  other  States; 
and  this  ordinance  shall  also  be  subject  to  rf>peal, 
alteration  or  amendment,  by  the  Legislature. 

Sec.  8.  Be  it  further  ordained,  That  it  shall  be 
lawful  for  any  person  who  was  a  citizen  of  the 
State  of  Mississippi,  on  the  9th  day  of  January,  U.S.War- 
1861,  and  who  was  at  that  time  the  bona  fide  [^^^^^^^^^^^^ 
holder  in  his  own  right  of  any  laud  warrants  is- 
sued by  the  Government  of  the  United  States,  to 
use  sucli  land  warrants  in  the  entry  of  any  of  said 
lands,  in  the  same  manner  that  such  land  warrants 
were  then  subject  to  be  used,  in  the  entry  of  such 
lands,  under  the  laws  of  the  United  States  then  iu 
force  :  Provided,  That  before  any  such  land  war- 
rants shall  be  used  in  the  entry  of  said  lands,  the 
holder  and  owner  thereof  shall  be  required  to  file 
with  the  receiver  of  the  land  office  when  such  war- 
rant is  proposed  to  be  used,  an  affidavit  that  he  or 
she  was  on  the  9th  day  of  January,  1861,  the  bona 
fide  holder  and  owner  in  his  own  right  of  such 
land  warrant. 

Sec.  9.    Be  it  further  ordained.  That  any  citi- 
zen of  this  State  to  whom  any  such  land  warrants 


90  ORDINANCES  OF  MSSISSIPPI. 

have  been  issued  since  the  9th  day  of  January, 
1861,  may  use  such  warrants  in  the  entry  of  lands 
as  provided  for  in  last  section,  by  making  and 
filing  affidavit  as  therein  required  that  he  or  she 
was  at  the  time  of  issuing  the  same  a  citizen  of 
this  State. 

Sec.  10.  Be  it  further  ordained,  That  in  case 
any  vacancy  shall  occur  in  any  of  said  offices  of 
register  or  receiver,  the  same  shall  be  filled  by 
Of  va-  appointment  of  the  Governor,  by  and  with  the  con- 
cancies.  gent  of  the  Senate,  if  the  Senate  be  in  session,  and 
if  not  in  session,  then  the  said  appointment  shall 
not  extend  beyond  the  expiration  of  the  next  suc- 
ceeding session  of  the  Senate,  unless  confirmed  by 
that  body. 

Adopted  March  28,  ]861. 


CHAPTER  XVII. 

AN  OEDINANCE  to  revise  and  amend  the  law  in  relation 
to  Foreign  Insurance  Companies. 

Sec.  1.  Be  it  ordained  by  the  people  of  Missis- 
sippi in  Convention  assembled,  That  the  law  in 
relation  to  Foreign  Insurance  Companies  as  found 
on  page  303  of  the  Revised  Code  of  the  State  of 
Mississippi,  section  11,  is  hereby  continued  in  force, 
and  that  the  58th  article  of  said  law  be  amended 
as  follows,  to  wit :  It  shall  be  unlawful  for  any 
agent  of  any  Insm'ance  Company  incorporated  by 
any  foreign  government  or  State,  other  than  one 
of  the  Confederate  States  of  America,  to  transact 
business  of  Insurance  in  this  State,  without  first 
obtaining  a  certificate  from  the  auditor  of  public 
accounts,  such  agent  having  first  filed  in  the  office 
of  said  auditor,  a  statement  under  the  oath  of  the 
Secretary,  or  President  of  such  Company,  setting 
forth  the  charter  or  act  of  Incorporation  of  the 
Company,  for  which  he  or  they  may  act,  and  the 
matters  required  to  be  specified  by  the  preceding 
article  of  said  law,  and  the  authority  therein  men- 
tioned, and  furnishing  evidence  to  the  satisfaction 
of  the  auditor,  that  such  Company  is  possessed  of 


ORDINANCES  OP  MISSISSIPPI.  91 

at  least  one  hundred  and  fifty  thousand  dollars  in 
actual  capital  paid  up  and  invested  in  stocks  of  at 
least  par  value,  or  in  bonds  and  mortgages  of  real 
estate,  with  double  the  amount  for  which  the  same 
is  mortgaged  or  in  actual  cash;  and  upon  filing  of 
the  aforesaid  statement  and  instrument  with  the 
auditor  under  the  oath  of  the  Secretary  or  Presi- 
dent, and  furnishing  him  with  certificates  or  other 
satisfactory  evidence  of  such  investment  as  afore- 
said, it  shall  be  the  duty  of  said  auditor  to  issue  a 
certificate  thereof,  with  authority  to  agents  to 
transact  business  of  Insurance  in  this  State,  to  be 
governed  in  all  other  respects  as  under  the  provis- 
ions of  the  law  to  which  this  is  an  amendment. 

Sec.  2.  Be  it  further  ordained,  That  the  law 
which  this  ordinance  revives  and  amends,  may 
hereafter  at  any  time  be  altered,  changed  or  abol- 
ished by  the  Legislature. 

Sec.  3.  Be  it  further  ordained,  That  this  ordi- 
nance and  tlie  act  to  which  this  is  an  amendment, 
shall  not  be  so  construed  as  to  apply  to  Life  Insur- 
ance Companies. 

Sec.  4.  Be  it  further  ordained,  That  this  ordi- 
nance shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Adopted  March  27,  1061. 


CHAPTER  XVIII. 

AN  ORDINANCE  to  provide  for  the  appointment  of  electors 
for  President  and  Vice  President  of  the  Confederate  States 
of  America. 

Section  1 .  Be  it  ordained  by  the  people  of  the 
State  of  3Iississippi,  in  Convention  assembled,  That 
whenever  an  election  for  President  and  Vice  Pres- 
ident of  the  Confederate  States  of  America,  shall 
be  provided  for  by  law,  the  Governor  of  this  State, 
be,  and  he  is  hereby  authorized  and  required  to 
issue  writs  of  elec|;ion  for  nine  electors,  to  be  cho- 
sen by  the  qiisilified  voters  of  this  State  at  the  time 


92  ORDINAJ^CES  OF  MISBISSTPPL 

designated  by  law,  who  when  elected,  shall  cast  the 
vote  of  this  State  for  sucli  President  and  Vice  Pres- 
ident of  the  Confederate  States  of  America. 

Sec.  2.  Be  it  furtlier  ordained,  That  said  elec- 
tion shall  be  conducted  in  all  things  according  to 
the  laws  now  in  force  in  regard  to  elections. 

Passed  Conve^ition,  March  30th,  18G1. 


CHAPTER     XIX 

AN  ORDINANCE  to  alter  and  modify  the  Ordintmce, 
entitled,  "An  Ordinance  concerning' the  jurisdiction  and 
property  of  the  United  States  of  America,  in  the  State 
of  Mississippi." 

The  people  of  Mississippi  in  Convention  assem- 
bled, do  ordain  and  declare  as  follows  : 

Sec.  1.  That  so  much  of  the  Ordinance  of  this 
Convention,  entitled,  an  Ordinance  concerning  the 
jurisdiction  and  property  of  Wia  United  States  of 
America,  passed,  January  17th,  1861,  as  vests  the 
title  to  fortiiications,  light  houses,  hospitals  and 
custom  houses  in  the  State  of  Mississippi,  be  so  far 
altered  and  modified  as  to  vest  the  same  in  the 
Confederate  States  of  America. 

Sec.  2.  That  the  third  and  fourth  sections  of  said 
Ordinance,  be  and  the  same  are  so  far  modified  and 
altered  as  not  to  conflict  with  the  act  of  Congress 
of  the  Confederate  States  organizing  the  judicial 
courts  of  the  Confederate  States,  or  with  the  Con 
stitution  thereof. 

Adopted,  March  30th,  1861. 


ORDINANCES  OF   MISSISSIPPI.  98 

CHAPTER  XXI. 

AN  OPiDIXANCE  supplemental  to  an  Ordinance,  enti- 
tled, an  Ordinance  to  raise  means  for  the  defense  of  the 
State,"  adopted  the  2Gth  day  of  January,  A.  D.  1861. 

The  2:>eopIe  of  the  State  of  Mississippi  in  Con- 
vention assembled,  do  declare  and  ordain  as  follows, 
to-wit : 

Section  1.  That  the  Auditor  of  Public  Accounts 
shall  in  settling  with  the  tax  collectors  of  such 
counties  whose  boards  of  police  shall  have  caused 
any  surplus  of  money  iu  their  respective  county 
treasuries  to  be  paid  to  the  proper  tax  collector  in 
or  towards  tlie  discliarge  of  the  tax  of  fifty  per 
centum,  levied  by  said  Ordinance,  as  authorized  in 
the  last  proviso  in  the  first  section  of  said  Ordi- 
nance, allow  to  said  tax  collectors  for  the  insolven- 
cies which  may  be  allowed  in  the  regular  State  tax; 
ayd,  also,  such  commissions  for  the  benefit  of  the 
counties  respectively,  as  would  have  been  allowed 
to  said  tax  collectors,  had  tliey  collected  the  said 
tax  of  fifty  per  centum  from  the  people,  so  that 
such  counties  shall  only  pay  into  the  State  Treas- 
ury, on  account  of  the  Military  fund,  tlie  amount 
that  they  would  Iiave  respectively  paid  had  the 
said  Boards  of  Police  not  paid  the  same  out  of  the 
county  treasuries. 

Sec.  2.  That  this  Ordinance  take  effect  from 
and  after  its  adoption. 

Passed  Convention,  March  29th,  1861. 


CHAPTER   XX. 

AX  ORDINANCE  making  certain   appropriations  therein 
named. 

Section  1.  Be  it  ordained  by  the  people  of  the 
State  of  Mississippi,  in  Convention  assembled.  That 
the  Auditor  of  Public  Accounts  shall  issue  his  war- 


94  ORDINANCES  OF  MISSISSIPPI. 

rant  on  the  State  Treasury  for  the  foUowino-  ac- 
counts, to  be  paid  out  of  any  money  in  the  Treas- 
ury not  otherwise  appropriated,  which  shall  be  in 
full  of  said  accounts,  to-wit :  To  E.  Barksdale,  for 
furnishing  daily  Mississippian  and  printing,  the 
sum  of  one  hundred  and  thirty-eight  dollars, 
($138  00  ;)  To  C.  R.  Dickson,  post  master,  for 
postage,  the  sum  of  seven  dollars  and  ten  cents, 
($7  10  ;)  To  Samuel  Pool,  for  ice,  candles,  sand, 
paste,  &c.,  furnished  the  Conyention,  the  sum  of 
twenty-eight  dollars,  ($28  00  ;)  To  boy  Jeffrey,  for 
six  day's  attendance  on  Convention,  the  sum  of 
twelve  dollars,  ($12  00  ;)  To  L.  Julienne,  for  sta- 
tionery, the  sum  of  eighteen  dollars  and  twenty- 
five  cents,  ($18  25  :)  To  John  J.  Pettus,  Governor 
of  the  State,  the  sum  of  five  thousand  dollars, 
($5,000,)  to  supply  deficiency  in  defraying  the  ex- 
penses incident  to  the  concentration  of  Mississippi 
forces  at  Pensacola,  during  the  month  of  January, 
1861  ;  To  the  South  Western  Telegraph  Compa; 
ny,  David  Flannery,  agent,  the  sum  of  eighteen 
dollars  and  seventy-five  cents,  ($18  75)  amount  due 
for  telegraphing  under  direction  of  the  Con- 
vention ;  to  Samuel  Pool,  for  extra  services  as 
door  keeper,  the  sum  of  twelve  dollars,  ($12  00.) 
Adopted,   March  30th,  1861. 


CHAPTER    XXII. 

AN  ORDINANCE  to  authorize  the  Governor  of  the 
State  of  Mississippi  to  transfer  Volunteers  to  the  service 
of  the  Confederate  States. 

Section  1 .  Be  it  ordained  by  the  People  of  the 
State  of  Mississippi  in  Convention  assembled,  That 
when  the  State  of  Mississippi  shall  be  called  on  for 
troops  by  the  President  of  the  Confederate  States, 
he  is  hereby  authorized  to  order  iatq  the  service  of 
said  Confedoraoy*  ^o  mmj  i^f  ttie  said  YoUmtoor^ 


ORDINANCES  OF  MISSISSIPPI.  95 

heretofore  enlisted,  or  who  may  be  hereafter  enlist- 
ed under  "an  Ordinance  to  regulate  the  Military 
System  of  the  State  of  Mississippi,"  adopted,  Janu- 
ary 23d,  1861,  as  may  be  necessary  to  answer  such 
requisition.  Provided,  That  the  period  of  such 
service  shall  not  exceed  the  period  of  their  orig- 
inal enlistment,  and  that  the  Governor  shall  de- 
termine the  priority  of  the  right  of  companies,  to 
be  ordered  into  service,  by  the  priority  of  their 
completeness  of  organization. 

W.  S.  BARRY, 
President  of  the  Convention. 
Passed  Convention,  March  30th,  1861. 
E.  P.  Russell,  Secretary. 


INDEI  TO  JOURNAL. 


ABSENCE — leave  of  granted  to  Messrs.  Backstrom, 

Bullard  and  Denson . 40 

of  J.  L.  Alcorn 45 

ADJOURNMENT— ^i«e  die 31,  48 

ALCORN,  J.  L. — communication  from 45 

COMMITTEES  — on    Constitution    of    Confederate 

States 21 

on  waste  and  unappropriated  lands . .     26 
to  fill  vacancies  on  Military  commit- 
tee  26,  30 

CONSTITUTION— of  the  Confederate  States. . .  .5  to  20 

ELECTION— of  Secretary 4,  24 

of  delegate   to   Montgomery  to  fill  va- 
cancy by  resignation  of  W.  S.Wilson     46 
JOHNSTON,  J.  S.— resignation  of  seat  in  Conven- 
tion       25 

MESSAGE— from  the  Governor 31 

ORDINANCE— by  Mr.  Clayton  of  Lowndes,  to  pro- 
vide for  the  ratification  of  a  con- 
stitution of  the  Confederate  States 

by  the  people 21 

by  Mr.  Yerger, — do,     do,     do. . .  .21,  34 
by  Mr.  Glenn,  to  ratify  by  this  conven- 
tion      21 

to   repeal   to   regulate  the   Military 

System  of  the  State 22, 24 

to  provide  for  election  of  delegates  to 
ratify  permanent    Constitution  in 

Convention 23,  27 

Mr.  Wood's   substitute  referring  to 

the  people 24,  25,  26,  34 

Mr.  Fontaine's  substitute  referring  to 

the  people 26,  27,  28,  29,  30,  38 

to  authorize  entry  and  sale  of  waste 

and  unappropriated  lands 26 

in    relation    to    Foreign    Insurance 

Companies 26 

in  relation  to  Land  Office  in  Paulding     38 
Q  :  in   relation   to   Judgments    and  D&- 

ereea ^0,  ft 


98  INDEX   TO    JOURNAL. 

ORDINANCE — supplemental  to  raise  means  for  de- 
fense of  the  State 32 

Mr.  Rogers'  substitute  to  ratify  per- 
manent constitution 35 

to  suspend  action   for  collection    of 

certain  debts 38 

in  relation   to   lands  of   Indian   or- 
phans       39 

to  confer  certain  powers  in  the  legis- 
lature   ." . .     39 

to  ameuv-l  State  Constitution 39 

in  relation  to  Hospital  at  Vicksburg    40 
to  amend  to  regulate   Military  Sys- 
tem of  this  State 40 

concerning  jurisdiction  of  property 

in  this  State 41 

to  provide  for  electors  of  President 
and  Vice  President  of  Confederate 

States 41 

to  regulate  the  Militia  of  the  State,  41,  44 
authorizing  investment  in  trust  deeds, 

&c 42 

appointing  representatives    in   Con- 
gress  of  Confederate  States 43 

to  provide  a  Coat  of  Arms  and  Flag 

for  State •     43 

to  define  power  of  legislature 44,  45 

making  certain  a]jpropriations 45 

supplemental  to  raise  means  for  de- 
fense of  State 45 

authorizing  Governor  to  tender  vol- 
unteers to  Confederate  States  ....     46 
RESOLUTIONS— in  relation   to   transfer  of  volun- 
teers  21,  22 

in  relation  to  pay  of  volunteers  at 

Pensacola 21 

instructing  committee  on  Confede- 
rate Constitution  to  report  ordi- 
nance of  ratification 21,  22 

referring  the  Permanent  Constitu- 
tion to  the  people 22 

authorizing  the  raising  of  a  Con- 
federate Flag • 2t 

defining  the  hour  to  take  a  vote  on 
the  Permanent  Constitution  of 
Confederate  States, 27,.  2S,  80 


INDEX   TO   JOURNAL.  99 

RESOLUTIONS— in  relation  to  volunteers 29,  36 

appointing  a  committee  to  purchase 

corn  for  the  poor  of  the  State,  29,  38 
suspending  civil  and  chancery  suits,29,3T 
authorizing  certain  absent  members 

to  draw  pay 37 

authorizing  the  Governor  loan  to 
certain   counties  for   supply   of 

corn '...37,40 

to  divide  the  State  into  Congres- 
sional Districts    37 

in  favor  of  E.  P.  Russell 39 

requiring  all  officers  to  take  oath 
to  support  constitution  of  Con- 
federate States 39 

in  relation  to  publishing  to  Con- 
vention proceedings 42 

in  relation  to  immediate  adoption 
of  PermanBnt    Constitution    of 

Confederate  States 44 

in   relation   to   lithographing  and 

photographing  State  Seal 44 

authorizing  auditor  to  issue  dupli- 
cate warrants  to  certain  persons     46 

of  thanks  to  W.  S.  Barry 46 

in  relation  to  publication  of  ordi- 
nances, (fcc.  of  this  Convention. .     46 
i  of  thanks  to  E.  P.  Russell  and  R. 

C.  Miller 46 

allowing   per  diem  to   reporter  of 

Convention 47 

REPORTS-of  committee  on  permanent  constitution,  24,  27 
28,  32,  35. 
Minority  report  ''  "  "  24 

of  committee  on  Enrolled  Ordinances,  27,  30,  36, 

40,  47. 
of  committee  0]i  waste  and   unappropriated 

lands 28 

of  committee  for  relief  of  poor. 38 

of        "        on  State  Constitution 40 

STATE  SEAL— communication  of  M.  L.  Carlisle,  in 
relation  to  photographing  and  litho- 
graphing seal 42,  44 

WILSON,  W.  S.— resignation  of  seat  in  Confederate 

Congress 25 

YEAS  &  NAYS— 23,  33,  34,  35,  37,  41,  45. 


INDEX  TO  ORDINANCES. 


CONSTITUTION— bill  of  rights,  e(iuality  of  rights, 

political  power,  and  right  to  change  gover'nt  49 

religious  worship  free  to  all 50 

no  preference  given 50 

truth  to  be  given  in  evidence, 50 

security  of  person,  &g.,  from  search  warrant.  .  50 

accused  how  heard  and  convicted 50 

proceedings  in  indictable  offences,  life,  &c.,  not 

to  be  put  twice  in  jeopardy  for  the  same  offence  51 

justice  to  be  administered  to  all  without  sale,  &c.  51 

power  of  suspending  laws,  &c 51 

excessive  bail  not  to  be  required 51 

bailable  offences 51 

when  debtor  not  to  be  imprisoned 51 

no  conviction  shall  work  corruption  of  blood...  51 
no  ex  post  facto  law,  etc.,  eligibility  to  office, 

estates  of  suicides 52 

right  of  petition — to  bear  arms . .  ^ 52 

no  standing  army,  no  soldiers  to  be  quartered . .  52 

no  hereditary  emoluments,  etc 52 

emigration  act  to  be  prohibited 52 

trial  by  jury,  prosecuting  or  defending  suits . .  52 
tenure   of  office,  these  powers  excepted  out  of 
the  general  powers  of  the  government,  distri- 
bution of  powers 52 

one  department  to  infringe  the  powers  of  ano- 
ther,  legislative  department 53 

qualified  electors -3 

electors  free  from  arrest 54 

first  election  by  ballot,  others  regulated  by  law  54 
legislative  how  vested  and  style  of  laws ...  54 
members  oi,  how  chosen,  when  chosen,  qualifica- 
tions, elections  where  held 54 

cities,  &c.,  when  entitled  to  separate  representa- 
tion   54 

enumeration  and  apportionment 55 

the  number  of  representatives,  etc 55 

senators  how  apportioned -senators  how  chosen 
when  two  or  more  counties,-senators  qualifi- 
cations    55 


INDEX  TO   ORDINANCES.  101 

CONSTITUTION— officers  of  senate  and  house  of  re- 
presentatives    55 

quorum,  power  to  send  for  absentees 55 

power  to  expel,  make  rules,  <fec 55 

journals  and  right  to  call  yeas  and  nays  by  three 

members 56 

vacancies  in  either  house  how  filled 56 

senators  and  representatives  free  of  arrest ....  56 

power  to  punish  persons  not  members,  etc 57 

doors  of  each  house  to  be  kept  open,  except,  &c  57 

adjournment,  bills  how  originated,  etc 57 

compensation  of  members 57 

eligibility  of  members  to  offices  created 57 

officers  of  this  State  and  the  Confederate  States 

not  eligible 58 

defaulters  not  eligible 58 

first  election  for  senators  and  representatives, 

seat  of  government 58 

residence  of  public  officers •  58 

judicial  department,  power  where  vested 58 

High  Court  of  Errors  and  Appeals  how  elected, 

term  of  office,  jurisdiction 59 

vacancies  how  filled,   qualification   of   judges, 

court  where  held 59 

first  election  terms  fixed  by  lot 59 

where  judges  disqualified  to  try,  and  others  ap- 
pointed in  such  case 59 

salaries  of  judges  of  high  court 60 

circuit  court  judge  how  elected,  term,  &c 60 

qualifications,   circuits,    jurisdiction 60 

courts  where  and  how  often  held 60 

judges  to  interchange  circuits,  compensation.  .  .  60 

chancery  court,  jurisdiction,  style  of  process,  &c  60 

court  of  probates,  jurisdiction,  how  elected —  61 

clerks  of  courts,  how  appointed 61 

board  of  police,  jurisdiction,  clerks 61 

qualification  of  members  of  police,  vacancies. .  61 

conservators  of  the  peace 61 

justices,  constables,  manner  of  election,  tenure 

of  office,  etc 61 

power  of  legislature  over  inferior  courts 62 

attorney-general,  contested  elections 62 

removal  of  judges,  officers  indictable 62 

executive,  term  of  office,  how  elected 63 

m  case  of  tie,  contested  election 6S 


102  INDEX   TO    ORDTXAXCES. 

CONSTITUTION— commander-iu-chicf 03 

may  require  information  of  officers 63 

may  convene  and  adjourn  legislature 63 

governor  to  give  information  to  legislature ....  64 

see  laws  executed,  pardon  offences,  <fec 64 

commission  how  issued,  seal  of  State 64 

vacancies   liow  filled 65 

Secretary  of  State  how  chosen 64 

Governor  to  sign  bills  or  return  witli  oltjection  65 

bills  returned  how  disposed  of 65 

what  action  of  the  legislature  to  ])e  approved 

by  the  governor 65 

when  office  of  governor  vacant  wlio  to  act,  fur- 
ther provisions  for  same 65 

compensation  of  acting  governor 65 

county  officers " 65 

treasurer  and  auditor  how  chosen 66 

militia  officers,  how  elected,  power  of  governor 

over , 66 

impeaclmient,  extent  of,   who  liable  to 66 

general  provisions,  oath  of  office 67 

legislature  pass  laws  to  prevent  dueUing 67 

treason,  convictions  for,   how  had 67 

bribery  at  elections  punishable 67 

convicts  for  bribery  to  be  excluded  from  office . .  67 

free  suffrage  how  maintained 67 

atheist  not  to  hold  office 68 

laws  when  to  take  effect 68 

■  money,   how  drav/n  from  the  treasury ........  68 

Iiow  appropriated  to  internal  improvement ....  68 

State  loans  how  effected 68 

legislature  to  authorize  State  to  be  sued 69 

citizcjiship,   absence   from   State .  69 

deductions  from  salaries  of  officers,  &c 69 

wdio  disqualified  from  office 69 

schools  and  education 69 

divorces,   how  obtained 69 

election  returns,  new  counties 69 

Indians  admitted  to  citizenship 69 

emancipation 70 

emigrants  may  bring  slaves  with  them 70 

slaves  convicted  of  crime  not  to  be  imported  . .  70 

laws  may  be  passed  for  the  treatment  of  slaves  70 

laws  may  regulate  introduction  of  slaves 70 

certain  crimes  in  slaves  how  tried 70 


INDEX   TO    ORDINANCES.  103 

CONSTITUTION— constitiiiion  liow  revised,  amend- 
ed, &c 71 

schedule,  rights  vested 71 

suits  in  law  and  equity,  how  transferred 71 

laws  in  force 71 

first  election  under  this  constitution 71 

how  long  officers  first  elected  to  office 72 

AMENDMENTS. 

regulating  the  introduction  of  slaves 72 

board  of  police,  how  constituted 73 

powers  of  board  of  police 73 

chancery  jurisdiction,  its  powers  transferred.. .     73 

extension  of  term  of  office 73 

additional  bond  required 73 

time  of  holding  general  election 74 

in  relation  to  terms  of  office  of  members  of  the 

legislature.. 75 

amendments  by  the  State  Convention 75 

ORDINANCES— to  ado])t  and  ratify  the  Constitution 
adopted  by  the  Convention   at   Montgomery, 

Alabama 76 

appointing   representatives   in  tlie  Provisional 

Congress  of  the  Confederate  States 78 

in  relation  to  lands  in  the  State  of  Mississippi 

belonging  to  Indian  orphans  .  . . : 78 

to  define  the  power  of  the  legislature  of  this 
State,  in  relation  to  the  ordinances  and  reso- 
lutions adopted  by  this  Convention 79 

for  the  relief  of  certain  counties  of  this  State .     80 
in  relation  to  the  Secretary  of  tlic  Convention. .     82 
to  authorize  fho  Governor  of  the  State  of  Mis- 
sissippi to  transfer  volunteers  to  the   service 

of  the  Confederate  States 82 

in  relation  to  Marine  Hospital  at  Yicksburg.  . .     85 
to  provide  a  Coat  of  Arms   and   Flag   for  the 

State  of  Mississippi 86 

to   authorize  the  entry  and  sale  of  waste   and 
^          unappropriated  lands  in  the  State  of  Missis- 
sippi      88 

to''revise  and  amend  the  law  in  relation  to  For- 
eign Insurance  companies 90 

to  provide  for  the  appointment  of  electors  for 
President  and  Vice  President  of  the  Con- 
federate States  of  America • 91 


104  INDEX   TO   ORDINANCES. 

ORDINANCES— to  alter  and  modify  the  ordinance, 
entitled,  "  an  ordinance  concerning  the  juris- 
diction and  property  of  the  United  States  of 
America,  in  the  State  of  Mississippi." 92 

supplemental  to  an  ordinance,  entitled  an  ordi- 
nance to  raise  means  for  the  defense  of  the 
State,"  adopted  the  26th  day  of  January,  A. 
D.  1861.. 93 

making  certain  appropriations  therein  named. . .     93 
RESOLUTION — in  relation  to  the  organization  of  the 
Permanent  GoYcrnment  under  tlie   Constitu- 
tion of  the  Confederate  States 86 

authorizing  the  President  of  the  Convention  to 
issue  certificates  in  favor  of  Samuel  Benton, 
H.  W.  Walton,  James  R,  Chalmers,  and  Is- 
rael Welsh 84 

in  relation  to  ihe  State  of  Mississippi  subscrib- 
ing for  five  hundred  copies  of  the  proceed- 
ings, debates,  <fec.,  as  published  by  J.  L. 
Power 83 

in  relation  to  the  Mississippi  volunteers 84 

in  relation  to  the  publication  of  the  Journals 
and  Ordinances  of  the  present  cession  of  the 
convention 85 

in  relation  to  certain  volunteer  companies  there- 
in named 94 

authorizing  the  Auditoor  of  Public  A  ccounts  to 
issue  duplicate  warrants  to  W.  T.  Huggins 
Thos.  M.  Blackwell 83 


